The Father has not seen his children for months. In fact, he hardly ever sees his children by his own choice. The Mother lives in the South working hard and supporting the two children with virtually zero financial help from the Father, even though he has been ordered to pay; he has astronomical arrears of child support.
The Mother comes to New York to visit her parents, who have not seen their grandchildren in some time. While she is here, the Father gets the bright idea to sue her for custody/visitation. The only thing is that neither the Mother nor the children are New York residents. The children have been residents of the South for well over six months; years in fact.
Upon Motion of Pascazi Law Offices, under the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”), the Petition was dismissed, and the client with the children was allowed to return to the South. The important point was that at the time of the Petition, the children had not been resident in New York for six months or more. Their home state was not New York. So the New York Court did not have jurisdiction to hear the case.
Should you, a loved one or a friend become involved with an interstate custody dispute, seek competent legal advice as soon as possible. Interstate child custody matters are complicated and require a good experienced lawyer. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are involved in interstate custody/visitation disputes.