Legal Question in Family Law in New York

Re: International Child Custody

you have not indicated where the child is residing. If both you and the child have been in New York for a determined period of time there might be juridiction in New York you can call me for a free telephone consultation at 516 466 5297 or e mail me

Re: International Child Custody

If NY was your matrimonial home or you and your wife lived in NY for a period of time before separation you can establish jurisdiction. When you have jurisdiction you can bring an action for custody. You can call me if you want to discuss this further. (212) 631-7521

Re: International Child Custody

When another Court, whether in the USA, or not, has previously established jurisdiction over parties or an issue between parties, particularly in custody cases, then NY Courts are very reticent about NY assuming jurisdiction over the parties or issue, even if the child has been "in state" for more than six months. However, IF the prior or pre existing Court waives exclusive jurisdiction or otherwise gives Notice to NY that there is no objection to the matter and jurisdiction over the parties, being assumed by the requesting party in NY; then you might have a chance of having the custody issue fully heard and decided in NY.

Without the Indian Court or State equivalent of "waiver" of exclusive jurisdiction over your child's custody issue, you can spend a lot of time and money in Court, because your case may have merit. But, you will probably lose, due to the jurisdictional impediments in your case.

Good luck,

Phroska L. McAlister,ESQ