Legal Question in Family Law in New York

Jurisdiction

I filed for visitation/custody of my daughter whom I have never met, and never had been allowed to file for visitation/custody prior to this as the courts had required information from me which I had no access to. I recently received the required address information of the non-custodial mother and filed for custody/visitation in New York. My petition was denied without my even having a chance to be heard by the court. The reason given was that my daughter resides in Pennsylvania. In my petition I had stated that I have never resided in Pennsylvania, and cited the US Supreme Court Ruling that an individual can not be subject to the courts of a state that they have never resided in even if the child was born in that state. The child was conceived in New York. I am planning on filing an objection to the ruling, yet do not understand how this could be heard without my presence since I had filed a petition. Is such a thing common place in Family Court? I want due process for my family(siblings of the child the petition is in regards to), and myself. It has been seven years of waiting for my day in court, and yet another set back to be able to meet my daughter and start an opportunity to know her. I am indigent due to child support.


Asked on 6/12/06, 12:02 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Jurisdiction

There is a time element in your case, and you need to consult with a qualified attorney as soon as possible. You seem to have confused the issues of personal jurisdiction over you with subject-matter jurisdiction over the custody of your child. You need to provide more information in order to get a proper assessment of your case. Feel free to call my office to discuss this further.

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Answered on 6/14/06, 9:28 pm


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