Legal Question in Family Law in New York
Interstate Custody affairs
I filed for custody in Va. His mother later filed in Ny. The baby is 3 months of age and has spent about the same amount of time in both states. Can the Ny judge ignore the fact that there was already a case pending in Va and make an earlier court date in Ny ?
Would Va have jurisdiction over the matter since I filed first ? How can I argue that Virginia has jurisdiction over the matter ?
2 Answers from Attorneys
Re: Interstate Custody affairs
The NY judge cannot ignore the earlier VA petition if he or she knows about it.
The VA court would have jurisdiction unless it decides to give up jurisdiction to NY.
Your argument is that there is a prior custody proceeding pending in VA.
Re: Interstate Custody affairs
You would file a motion to challenge venue in NY. Get a NY attorney to respond to the petition for custody and ask that it be removed to VA. If NY agrees then they will dismiss the action and you can then proceed in VA. Do not dismiss your VA action until NY makes a decision as to where the case will be tried.
If you have any questions, please feel free to call me.
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