Legal Question in Family Law in New York
Already started in NYS
My daughter recently left her boyfriend due to domestic violence and brought her 2 small children here to live in NY. She has already started proceedings for an order of protection and paternity in the sate of New York. They already went to court once on this matter. Last nite I answered the door and a young gentleman handed me papers and said to give them to my daughter when she arrived home. In looking at these documents I realized some important information was wrong such as the children's birth dates, the fact of where the children were concieved and he had also listed that there were no other litigations or custody cases open elsewhere. Because of the lack of correct information are these documents official? The other question I had was pertaining to the way she was served, When we had to serve him there was an affadavit to sign,the papers were to be notarized and she had to serve the papers to him only. Is this not valid because they served them to me not her and without a signature from me? Can you start proceedings after they've been started in another state? Does he have a stronger case because she didn't work? When she was with him she was home the children, he state she has not supported them and doesn't have the means.
2 Answers from Attorneys
Re: Already started in NYS
Nothwithstanding the "correctness" of the papers or the possible "improper" Service or Notice. The PAPERS MUST BE ADDRESSED AND ANSWERED, ASAP, (perferrably by your attorney)!!!
If the papers represent an out of state action, filed after your daughter's in state action. They should be addressed and answered in and out of state.
Unfortunately, the Ex boyfriend's claim, IF based upon a theory that NY, lacks jurisdiction, over the children, because they were not born in NY or have not continuosly resided in NY State, for six or more months, could result in dismissal of the NY case. Because, NY could decline to continue the case, and dismiss it, due lack of jurisdiction; or for other reasons.
Do not delay. Get an attorney.
Good luck,
Phroska L. McAlister,ESQ
Re: Already started in NYS
This is a problem that is addressed in the 'Uniform Family Law Act', endorsed by NY state.
Once you start an action in ny, then no action can be started elsewhere.
However, if your action is for custody and theirs is for divorce; then it is not as simple. However, respond to the ex's papers with your documents and the other court should dismiss.
You are welcome to a consultation for no fee.
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