New York Appeals Court Adheres to Uniform Child Custody Jurisdiction and Enforcement Act for Affirmation of Prior Ruling - BY: Peggy F.

Link for opinion: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_00910.htm

Title: New York Appeals Court Adheres to Uniform Child Custody Jurisdiction and Enforcement Act for Affirmation of Prior Ruling

The New York court of appeals affirmed the prior trial court’s decision in Agueda v. Rodriguez, 518360 N.E.2d 00910 (N.Y. 2013) that the jurisdiction of the child custody was correctly dismissed in the state of New York.

The New York trial court granted the father’s motion for dismissal petition for lack of subject matter jurisdiction and denied the mother temporary custody of the child. The mother is appealing the trial court’s decision.

The child had lived at times with both the mother and the father.  At one point when the child was living with the mother, the mother contacted the father regarding having the child visit the father for several weeks at his home in Texas.  The father agreed.  The father then stated that the child would like to continue to reside in Texas.  The mother agreed only to allow child to remain in Texas through the 2010-2011 school year and then the child would be returned to New York.  At the end of the school year, the father notified the mother that the child would not be returning to New York.  The mother filed a petition for custody in the state of New York.  The father submitted a petition for dismissal based on the Uniform Child Custody Jurisdiction and Enforcement Act as the child had been residing with him for more than six consecutive months.  The trial court so ordered the dismissal. 

The court of appeals found no merit to the mother’s appeal based on the lack of jurisdiction as outlined in the Uniform Child Custody Jurisdiction and Enforcement Act.  The appeal was dismissed.