Legal Question in Family Law in New York

NY Court ignores proper jurisdiction

My wife divorced her 1st husband in 1998 and has sole custody of the child involved. Divorce Judgment was filed in NC in 1998. Mother now lives in Missouri with child since 2002 and non-cust parent now lives in NY. Non-Cust parent files petition to modify visitation in NY court. After objecting that NY has any jurisdiction since child has resided in Missouri for well over 6 mos., NY court ignores UCCJEA and modifies order. NY court never had jurisdiction yet has modified the visitation and says it will continue to have jurisdiction. The non-custodial parent is the only one that now lives in NY. Since the divorce was entered in NC in 1998, child has not resided in NY. What can be done about the disregard of proper jurisdiction made by the NY court/judge in this matter.


Asked on 3/05/08, 5:56 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: NY Court ignores proper jurisdiction

You have to appeal the decision.

Mike.

Read more
Answered on 3/06/08, 9:20 am


Related Questions & Answers

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