New York Family Law Blog
A Final Order of Visitation (FOV) in New York is a legal document issued by the court that establishes the specific rights of a non-custodial parent or other party to have visitation with a child. This order outlines the schedule, duration, and conditions under which visitation will occur, aiming to ensure that the child maintains a meaningful relationship with the non-custodial parent while considering the child’s best interests.
The FOV may include details such as the days, times, and locations for visitation, as well as provisions for holidays, vacations, and special occasions. It may also address transportation arrangements and communication between the parties during visitation periods.
Once issued, the FOV is legally binding, and both parties are expected to comply with its terms. Failure to adhere to the FOV can result in legal consequences, including enforcement actions or modifications of the visitation arrangements by the court.
Background Facts
In the case of R.L.BXXXXX v. C.D.GXXX (In re Custody of R.L.BXXXXX), 2019 N.Y. Slip Op. 29090 (N.Y. Fam. Ct. 2019), in December 2014, the children, K.B. and S.B., were primarily residing with Ms. G. in New Jersey. However, Ms. G. brought the children to stay with Mr. B. in Brooklyn due to her impending incarceration. Following this, Mr. B. filed a custody proceeding in New York, while Ms. G. filed an emergency application for custody in New Jersey from jail. The New Jersey court determined that it had jurisdiction over the matter but denied Ms. G.’s petition without prejudice, stating that she could file for custody upon her release from jail.
Mr. B.’s custody petitions in New York were dismissed, citing New Jersey’s jurisdiction. However, Ms. G. later commenced a visitation proceeding in New York in April 2016, where the court issued the FOV granting her visitation rights. Subsequently, Ms. G. filed for custody again in New Jersey, leading to a jurisdictional dispute between the two states.
Issue
Whether the New York court had subject matter jurisdiction to issue the FOV in April 2016, considering the prior jurisdictional determinations made by the New Jersey court.
Holding
The court held that it had subject matter jurisdiction over the custody and visitation dispute. It determined that New York was the children’s “home state” as of April 2016 and that no child custody determination had been made by the New Jersey court. Therefore, the New York court’s issuance of the FOV was proper.
Discussion
The Uniform Child Custody Jurisdiction and Enforcement Act (UCC-JEA) governs jurisdiction in child custody and visitation proceedings. Under this act, New York can make an initial child custody determination if it is the child’s home state and no other state has jurisdiction. In this case, since New Jersey had not issued any custody determination and New York was the children’s home state, the New York court had jurisdiction.
Ms. G.’s argument that the New Jersey court’s prior orders established jurisdiction was rejected. The New Jersey court’s orders did not constitute child custody determinations, and its jurisdiction was not exclusive and continuing. Furthermore, Ms. G.’s actions, such as filing for visitation in New York, indicated her acknowledgment of New York’s jurisdiction.
Conclusion
In matters of visitation and child custody, particularly those entangled in multiple jurisdictions, seeking the counsel of a seasoned New York child custody lawyer is paramount. Navigating the intricate legal landscape of custody disputes demands expertise in family law, as well as a nuanced understanding of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). With their comprehensive knowledge of local court procedures and precedents, these legal professionals can effectively represent their clients’ cases, whether it involves obtaining, modifying, or enforcing visitation orders. Moreover, they can help clients anticipate and address jurisdictional challenges, preventing costly delays and ensuring that their cases proceed smoothly. Ultimately, entrusting your visitation and child custody matters to a skilled New York child custody lawyer can significantly increase your chances of achieving a favorable outcome while safeguarding the well-being of your children.