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Decision of Interest

By ALM Staff | Law Journal Newsletters |
December 31, 2013

'Reprehensible' Move to New York Was Nothing of The Kind

After finding that the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) required a different outcome, the Appellate Division, First Department, unanimously reversed the order of Family Court, New York County (Fiordaliza A. Rodriguez, Referee) that granted a father's motion to dismiss the mother's New York custody petition so that a California court's custody determination could stand.

The unmarried parents conceived their child in California, but their relationship did not last and the mother moved to New York while pregnant. The father sought and obtained an order granting physical custody to him through the California courts prior to the child's birth. The child was born in New York and resided there with his mother until she filed her own petition seeking custody. That petition was filed when the baby was two days old.

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