Legal Question in Family Law in New York
custody
I have been living in florida for almost 5 years with my son who is handicap. I am the legal custodial parent although we have joint custody. I allowed my son to visit his father in ny since 10/31/08 due to the fact the he has stage 4 colorectal cancer. He filed for custody and made false accusations about me to the court.
does the nassau county court have jurisdiction over us?
even when I go to court and show proof that his accusation are false will the court release my son and allow us to come home?
1 Answer from Attorneys
Re: custody
If New York was where your paternity/custody case was originally filed and heard, and the father remained living there, while your son continued to have contacts with the State of New York, through visitations, New York continues to have exclusive jurisdiction to hear subsequent matters concerning your son. Florida could only exercise emergency jurisdiction (see below).
If your case originated in Florida (was originally filed in Florida), and the father moved to New York, then Florida would have exclusive jurisdiction and New York could only exercise emergency jurisdiction (if the child was in danger if returned to Florida).
If your case originated in another state, in which neither of you still live, Florida would have exclusive jurisdiction, and New York could only exercise emergency jurisdiction.
If no court has ever determined jurisdiction (which may have occurred if the only proceeding in which you were involved was a child support action brought on your behalf by the government, the original custody action would have to be filed in Florida, the child's home state for the past 6 months.
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