DRL 5A Flashcards
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
***Home State- The State where the child lived for at least ____________ CONSECUTIVE MONTHS immediately before the commencement of a child custody proceeding. Or in the case of a child less than ____ months of age, then where they have lived since birth
SIX (6) …. SIX (6)
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
Person acting as a parent- A person other than the parent who had physical custody of the child for a period of _________ CONSECUTIVE MONTHS including any temporary absence within
_______ immediately before commencement of such action.
SIX (6) ……. ONE (1) YEAR
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
75g- Notice required for the exercise of jurisdiction of persons outside the state shall be
given in a manner by the laws of this state or the law of the state in which service is
made. Service can be made by the following methods:
1. Personal Delivery outside the state as per CPLR 313
2. By any form of mail requesting receipt
3. In any manner the court directs including publication, if service cannot be made by
other methods
4. In any manner under the law of the state where service is made
xx
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
The court shall preserve pleadings, orders, decrees, records, etc., until the child attains
___________ of age with respect to custody proceedings. Upon request of a
court or law enforcement official of another state, the court shall forward a certified
copy of those records
EIGHTEEN (18) YEARS
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
The return of a parent from military service shall be considered a substantial change in
circumstances, and upon request of either parent the court shall determine if a further
change in custody should occur on the basis of the child’s best interests
xx
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
§ 75-m. Consideration of blindness during guardianship, custody or
visitation proceedings. 1. The court may not deny or decide a petition
for guardianship, custody or visitation solely on the basis that the
petitioner is blind. The blindness of the petitioner shall be considered
relevant only to the extent that the court finds, based on evidence in
the record, that the blindness affects the best interests of the child
whose guardianship, custody or visitation is the subject of the
petition.
xx
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
76-A court of this state has jurisdiction to make an initial child custody determination if:
This state is the home state of the child or was the home state within _____________
before the commencement of the proceedings even if the child is absent from the state
as long as a parent continues to live in this state, OR a court of another state does not
have jurisdiction or has declined jurisdiction AND the child or the child’s parents have a
significant connection with this state or substantial evidence is available in this state
SIX (6) MONTHS
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
76C A court can have temporary emergency jurisdiction if the child is present in the state
and has been abandoned or it is necessary in an emergency to protect the child, sibling
or parent of the child. If a court determines that another court is involved making or has
made a child custody determination, then there shall be an immediate communication
with that court
xx
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
76H- Each party in its first pleading shall give information as to the child’s whereabouts and
where the child had lived for the last ___________ , along with names and addresses of
the persons to whom they had lived. If safety is a factor then no identifying information
shall be disclosed, example: present address of child or parties name seeking custody. In
this instance the clerk of the court will be designated as agent of service.
FIVE (5) YEARS
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
***77- Petitioner- person who seeks enforcement of an order for return of a child under the
Hague Convention on the Civil Aspects of International Child Abduction or enforcement
of a child custody determination
***Respondent- same as above except proceeding is against such person
xx
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
77D - Registration:
To register a child custody determination in this state from another state, this state
must be sent:
1. A letter or document requesting registration
2. _________ COPIES, _________ certified of the order to be registered, with a statement
that it has not been modified
3. The name and address of party seeking registration and the parent who has
custody
Upon receipt of the required documents the court shall:
1. Cause the determination to be filed as a foreign judgment
2. Serve notice upon the person named and provide them an opportunity to
contest the registration, the notice must state:
A. That a registered determination is enforceable
B. That they must request a hearing to contest the validity within
___________ DAYS
C. Failure to contest the registration will result in confirmation of the
determination
TWO (2) ……. one ……… TWENTY (20)
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
Upon the filing of a petition for enforcement, the court shall direct the respondent to appear with or
without the child for a hearing within _________ COURT DAYS, provided that service of
the petition was made not less than _________ HOURS prior to the hearing
THREE (3) ……… TWENTY FOUR (24)
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
Enforcement hearing
If a party refuses to testify the court may draw ___________
an adverse inference
- Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
Enforcement hearing
77J- Upon the filing of a petition seeking enforcement of a child custody determination, the
petitioner may make application for the issuance of a warrant to take physical custody
of the child if the child is at imminent risk of harm or being removed from the state
If the court determines the petitioner is appropriate in their application for a warrant,
then the court may issue the warrant
The petition must be heard on the next court day after the warrant is executed
Any adjournment shall be for not more than ___________ COURT DAYS
THREE (3)
