Legal Question in Family Law in New York

Re: What state do I get a laywer in?

The state your child lives in, is the state that has jurisdiction. If your child lives with you in PA, then PA is the proper state to pursue a custody proceeding; provided she has lived in that state for six (6) months or more.

PA is also the state you should seek "UPWARD MODIFICATION OF THE EXISTING CHILD SUPPORT ORDER.

IF a custody action has already been started in NY, you should ANSWER THE PETITION OR COMPLAINT IN NY and include in that ANSWER A DENIAL OF NY JURISDICTION OF THE CASE CONCERNING THOSE MATTERS, AS INDICATED ABOVE; OR AS MAY OTHERWISE APPLY. IF THE MATTER IS IN A NY FAMILY COURT, YOU SHOULD BE ABLE TO ANSWER AND APPEAR ON YOUR OWN (PRO SE), THE CLERK'S WILL ADVISE YOU. IF THE MATTER IS IN A NY SUPREME COURT, THEN YOU WILL PROBABLY NEED A NY LAWYER. OTHERWISE, PA OR THE PLACE OF YOUR CHILD'S RESIDENCE (FOR SIX OR MORE MONTHS) IS THE PLACE FOR YOUR LAWYER.

GOOD LUCK!

PHROSKA L. McALISTER, ESQ

Re: What state do I get a laywer in?

Attorney McAlister's points are all good ones.

An aspect that might have some bearing on your thinking / planning is WHERE are you, geographically, relative to NY State and the NY County where the mother has filed?

If, for instance, all this was taking place somewhere near the NY / PA border [as in you lived near where she's filed], you might have more "flexibility" with regard to your approach to dealing with it.

IF there is no such 'happy' geography, you should definitely make a point of contacting the clerk's office in the court where the mother has filed. Especially if that is in the Family Court, you should find people willing to be cooperative with you in terms of explaining *what* you must do *how* to be certain that you have a formal Answer on file.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: What state do I get a laywer in?

Generally, a custody action must be brought in the county or state where the child has resided for more than six months. That appears to be PA.

You must obtain a New York attorney to seek a dismissal or transfer of the New York case. You must act immediately to assure that New York does not assume jurisdiction. Once it is in PA, you can obtain a PA attorney.

I trust this has been helpful, but feel free to call or e-mail on a free intial basis.