FAMILY COURT LACKED JURISDICTION
Although his kid lived in Guatemala with the child’s mom since birth, when the two come to the United States to visit, the father refused to return the child to the mom.
When the dad asked the Queens County Family Court to exercise “emergency jurisdiction,” and filed a custody petition, the court ultimately determined that it “lacked jurisdiction,” and directed that the child be released to the mother so that he could return to Guatemala (his “home state”).
On appeal the Appellate Division, Second Department, noted that local law requires that New York be the child’s residence for a six-month period preceding the commencement of the custody proceeding. Since that time frame wasn't met here, the AD2 concluded that the Family Court providently decided that it lacked the requisite jurisdiction and left the underlying order undisturbed.
Clearly, there was no kidding around here.
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DECISION