New York Family Law Blog
Child custody disputes with jurisdictional issues present significant challenges, especially when the children have been residing in a state other than New York. One of the primary challenges is determining which state has jurisdiction over the case, as this impacts various aspects of the legal proceedings, including custody determinations and child support orders.
When children have been living outside of New York, the issue of “home state” jurisdiction arises under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Establishing the “home state” is crucial because it dictates which state’s courts have primary jurisdiction over custody matters. However, when children have resided in a different state for an extended period, as in this scenario, determining the “home state” becomes complex and may require careful examination of the children’s residency history.
Furthermore, conflicting claims of residency between the parents add another layer of complexity to jurisdictional disputes. In cases where one parent asserts residency in New York while the other claims residency in another state, the court must carefully evaluate the evidence presented by both parties to determine the children’s primary residence and the state with the most significant connections to their lives.
Practical challenges also emerge, such as coordinating legal proceedings across state lines and ensuring effective communication between parties, attorneys, and courts in different jurisdictions. Travel logistics for court appearances, witness testimony, and evaluations can be burdensome and costly, particularly for parties with limited resources.
Moreover, differing state laws regarding custody and visitation further complicate matters, requiring attorneys and judges to navigate potentially conflicting legal frameworks and precedents.
Background Facts
In Katz v. Katz 68 Misc. 3d 1228 (N.Y. Sup. Ct. 2020), the parties, married in Kings County, New York, in 2007, initially lived in Baltimore, Maryland, until mid-2009 while the defendant pursued law school. Relocating to Lawrence, New York, they stayed with the plaintiff’s parents while the defendant prepared for the New York State Bar Exam. After securing a job, they moved to Passaic, New Jersey, where their twin children were born in 2011. Following the defendant’s job loss in late 2013, they returned to Lawrence, New York, temporarily residing with the plaintiff’s parents until mid-2014, when the defendant found employment, prompting them to move into their own apartment in Lawrence.
In June 2016, during a Florida vacation, the plaintiff suffered a traumatic brain injury, leading to a coma. While she recuperated, the defendant’s parents retrieved the children from Lawrence and took them to Baltimore. After her hospitalization, the plaintiff underwent rehabilitation, and upon discharge in March 2017, she returned to her parents’ home, with the children remaining in Baltimore, under the care of the defendant’s mother.
Despite the plaintiff’s improving condition, the defendant, a New York-based attorney, ceased bringing her to Baltimore on weekends, eventually relocating to Brooklyn in September 2019. Meanwhile, the children, residing primarily in Baltimore, visited the plaintiff sporadically in New York.
Initiating divorce proceedings in January 2020, the plaintiff sought a parenting schedule, prompting the defendant to file a motion for dismissal in the Baltimore City Circuit Court, alleging lack of subject matter jurisdiction due to the children’s residence in Baltimore since 2016. Subsequently, legal motions ensued, reflecting the jurisdictional dispute between the parties.
Issue
Whether New York has jurisdiction over the custody and child support portions of the case, given that the children have resided primarily in Maryland since 2016 and the defendant claims to have moved to Maryland only in September 2019.
Holding
New York has jurisdiction over the case, including custody and child support, as neither New York nor Maryland qualifies as the “home state” of the children, and significant connections exist between the children and New York.
Rationale
Although the children have resided in Maryland since 2016, neither New York nor Maryland can be considered their “home state” as defined by the law. The defendant’s claim of Maryland residency is not substantiated by the evidence, and his recent assertion of Maryland residency does not outweigh his significant connections to New York, where he has lived and worked for a substantial period. Similarly, while the children have connections to Maryland, their significant ties to New York, including their mother’s residence, family, and friends, establish jurisdiction in New York under D.R.L. ยง 76(1)(b). Financial and logistical factors also support New York as a more convenient forum for the proceedings, considering the plaintiff’s circumstances and the location of crucial witnesses and evidence. Therefore, the court denies the defendant’s motions to dismiss or transfer jurisdiction to Maryland, affirming New York’s jurisdiction over the entire case, including custody and child support matters.
Conclusion
Overall, New York custody disputes with jurisdictional issues demand thorough legal analysis, strategic planning, and effective communication to address the complexities arising from the children’s residency outside the state. Seeking guidance from experienced New York family law attorneys familiar with interstate custody disputes is essential to navigate these challenges and advocate effectively for the best interests of the children involved.