Legal Question in Family Law in New York

court orders and juristiction

Filed for divorce and custody in Georgia recently. Spouse went to New York less than six months ago. Showing signs of neglet to the minor children. Can I go to NY. to get the children(2) with my papers for custody and have NY. honor those papers? The papers are signed by the Judge here in Ga. showing petition for custody to me. Ga. law states that it still has juristiction inside that 6 months. Regardless of location of spouse and children. Spouse has also file in NY. but after I have filed. which one takes presentients? Who has juristiction?


Asked on 2/16/05, 9:49 pm

2 Answers from Attorneys
W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: court orders and juristiction

Assuming that you filed first and the jurisdictional requirements were met here in the state of Georgia you have a valid argument that jurisdiction is in the state of Georgia. If you have an order from a Georgia Court granting you custody of the minor children you should be able to domesticate and enforce that order in New York. Unfortunately with the separate filing by your spouse this could become fairly complicated. Therefore you should consult with an attorney quickly to address these issues.

Read more
Answered on 2/17/05, 8:08 am
richard feldman richard d. feldman

Re: court orders and juristiction

you should immediatly try to domesticate the Ga. order and have it enforced before the NY court issues its own custody order you can call me at 516 466 5297 for a free telephone consultation

Read more
Answered on 2/17/05, 9:59 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York