When Can A New York Court Override A Foreign Order to Protect A Child?

Generally New York Courts defer to child custody orders set in place by a foreign jurisdiction which is the child’s home state. However, in the event of an emergency where there is a threat to the child’s welfare, the New York Court will intervene. 

Under Family Court Act Section 76C, the New York Court will take temporary jurisdiction over a child custody matter when a child has been abandoned or it is necessary in an emergency to protect a child, a sibling or parent of the child. If no child custody determination has been made by the child home state (which has superior jurisdiction over the matter), the temporary custody order issued by the New York Court will remain in effect until the child’s home State issues a proper order. 

If the child is at imminent risk of harm, the New York Court will keep its Order in effect until the State with superior jurisdiction issues an Order which assures protection of the child. If the state with superior jurisdiction fails to hold a child custody proceeding within specified time, New York’s child custody determination may become the final order if it states that New York is now the child’s home state. The New York Court will communicate with the Court of the Child’s home state to ensure the child’s protection but if it determines that the home state’s court is not providing the proper protective order for the child’s safety, the New York Court will take charge. 

If you are fearful of the safety of your child and are considering seeking an New York Court Order regarding the custody of your child, contact Diana Mohyi Attorney at Law to provide you with counsel on the matter. 

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: