DRL 5A Volume 2

Question 1

75-b Proceedings governed by other laws

This article does not govern an __________ proceeding, or proceedings pertaining to the authorization of emergency medical care for a child.

Answer 1

adoption

Question 2

75-c Application to Indian tribes

A court of NYS shall treat an Indian tribe as if it were a ________ for purposes of applying this title. A child custody determination made by a tribe under factual circumstances in conformity with this article, must be enforced under this article (However, it is not subject to this article if it is governed by the Indian Child Welfare Act, 25 USCS 1901 and subsequent.)

Answer 2

state

Question 3

75-d International application of article

A NYS court shall treat a foreign country as a _______ for purposes of applying this article. However, it need not apply this article if custody law of a foreign country violates fundamental principles of human rights.

Answer 3

U.S. state

Question 4

75-e Effect of child custody determination

A child custody determination made by a court of NYS binds all persons served and is conclusive as to all decided issues of _______ & ______

Answer 4

law and fact.

Question 5

75-f Priority

Upon request of a party, child or attorney for child, ____________ must be given priority

Answer 5

jurisdiction question

Question 6

75-g Notice to persons outside state

Service outside NYS can be made as per laws of NYS or laws of state in which service is made, except that notice is not required for a person who submits to the jurisdiction of the court.

Service outside NYS can be made:

1. by personal delivery outside NYS as per CPLR313. Or
2. by any form of mail requesting a receipt, or
3. if other service is impracticable, in any manner as court, upon motion, directs - including publication.
4. in any manner prescribed by the law of the state in which service is made.

Answer 6

75-g Notice to persons outside state

Service outside NYS can be made as per laws of NYS or laws of state in which service is made, except that notice is not required for a person who submits to the jurisdiction of the court.

Service outside NYS can be made:

1. by personal delivery outside NYS as per CPLR313. Or
2. by any form of mail requesting a receipt, or
3. if other service is impracticable, in any manner as court, upon motion, directs - including publication.
4. in any manner prescribed by the law of the state in which service is made.

Question 7

75-g Notice to persons outside state

Proof of service outside NYS:

1. shall be by ________ or by any other manner prescribed by the order pursuant to which service was made,
2. if by mail, by receipt _______ by addressee, or other evidence of delivery to addressee,
3. may be in any manner prescribed by law of the state in which service is made. If person submits to jurisdiction of the court, notice for jurisdiction is not required.

Answer 7

Affidavit.. … signed

Question 8

5-h Appearance and limited immunity.

Party to a child custody proceeding is not subject to personal jurisdiction in NYS for another proceeding.

A party present in NYS who is subject to the jurisdiction of another state is not immune from service allowable under the laws of that state.

Immunity does not extend to acts committed by an individual while _____ in NYS.

Answer 8

present

Question 9

75-i Communication between courts

Generally, a record of __________ between a court of NYS and court of another state must be made.

Parties must be promptly informed and granted ______________ to the record.

Answer 9

Communications.. access

Question 10

75-j Taking testimony in another state

Party to a child custody proceeding may offer testimony of witnesses located in another state.
Documentary evidence transmitted from another state by technological means may not be excluded from evidence on an objection based on the means of ________

Answer 10

transmission.

Question 11

75-k Cooperation between courts and preservation of records

A court of NYS may request a court of another state to:

1. hold an evidentiary hearing
2. order a person to produce or give evidence pursuant to procedures of that state
3. order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
4. forward to a court of NYS a certified copy of transcript of hearing record, evidence, and any evaluation prepared in compliance with the request
5. order a party to a child custody proceeding or any person having physical custody of child to appear in proceeding, with or without the child.

• A court of another state may request a court of this state items 1-5, above.
• Travel and other expenses may be assessed against parties according to the law of NYS.
• Court of NYS shall preserve child custody case records until child reaches _______ years of age. Court or law enforcement official of another state may request a certified copy of those records.

Answer 11

18

Question 12

75-L Military service by parent; effect on child custody orders

Military Service

1.Court is prohibited from making certain permanent orders during period of time that parent is activated.
2. Court may make temporary orders.
3. Temporary order is to be reviewed by court upon return of parent from military service.
4. This section does not apply to assignments to permanent duty stations or permanent changes of station.

Answer 12

75-L Military service by parent; effect on child custody orders

1.Court is prohibited from making certain permanent orders during period of time that parent is activated.
2. Court may make temporary orders.
3. Temporary order is to be reviewed by court upon return of parent from military service.
4. This section does not apply to assignments to permanent duty stations or permanent changes of station.

Question 13

75-m. Consideration of blindness during guardianship, custody, or visitation proceedings

Court may not deny or decide a petition for guardianship, custody, or visitation solely on basis that petitioner is ________

• blindness of petitioner shall be considered relevant only to extent that court finds, based on evidence in record, that blindness affects best interests of child whose guardianship, custody or visitation is subject of petition.

Answer 13

blind,

Question 14

76 Initial child custody jurisdiction

Generally, a court has jurisdiction to make an initial child custody determination if:

(a) NYS is home state of child on date of commencement of proceeding, or NYS was home state of child within _____ months before proceeding and child is absent from NYS, but parent or person acting as parent continues to live in NYS, or
(b) court of another state does not have jurisdiction as per (a), or has declined to exercise jurisdiction, and

• 1) child and parent(s) have a significant connection with NYS other than mere physical presence, and
• 2) substantial evidence is available in NYS concerning child(s) care, protection, training, and personal relationships, or
  (c) Other courts have declined to exercise jurisdiction.

Answer 14

6

Question 15

76 Initial child custody jurisdiction

Physical presence of party or child or personal jurisdiction over party or child is ___________ or sufficient to make a child custody determination.

Answer 15

not necessary

Question 16

76-a Exclusive, continuing jurisdiction

Generally, NYS court which made a custody determination has exclusive continuing jurisdiction until a court of NYS determines that neither child or parent(s) do not have a significant connection with NYS and substantial evidence is no longer available in NYS concerning child’s care, protection, training and personal relationships, OR court of NYS or another state determines that child and parents do not presently reside in NYS.

Answer 16

76-a Exclusive, continuing jurisdiction

Generally, NYS court which made a custody determination has exclusive continuing jurisdiction until a court of NYS determines that neither child or parent(s) do not have a significant connection with NYS and substantial evidence is no longer available in NYS concerning child’s care, protection, training and personal relationships, OR court of NYS or another state determines that child and parents do not presently reside in NYS.

Question 17

76-b Jurisdiction to modify determination

Generally, a court of this state may not modify a child custody determination of a court of another state unless it has jurisdiction to make an initial determination, AND

1) court of other state determines it no longer has exclusive, continuing ________ , or that NYS court would be a more convenient forum, or
2) NYS court or court of other state determines that child, parents, and any person acting as parent do not presently reside in other state.

Answer 17

jurisdiction

Question 18

76-c Temporary emergency jurisdiction

• NYS court has temporary emergency jurisdiction if child is present in NYS and abandoned or court needs to protect child, sibling, or parent of child.
• If child custody proceeding is not commenced in foreign court having jurisdiction, child custody determination under this section becomes final determination if it so provides and NYS becomes home state of the child. Otherwise, NYS order remains in effect until order is obtained from the state having jurisdiction.
• If child is in imminent harm, order remains in effect until foreign court has taken steps to assure protection of child. NYS court must communicate with foreign court to protect safety of parties and child.

Answer 18

76-c Temporary emergency jurisdiction

NYS court has temporary emergency jurisdiction if child is present in NYS and abandoned or court needs to protect child, sibling, or parent of child.
If child custody proceeding is not commenced in foreign court having jurisdiction, child custody determination under this section becomes final determination if it so provides and NYS becomes home state of the child. Otherwise, NYS order remains in effect until order is obtained from the state having jurisdiction.
If child is in imminent harm, order remains in effect until foreign court has taken steps to assure protection of child. NYS court must communicate with foreign court to protect safety of parties and child.

Question 19

76-d Notice

Notice of child custody proceeding must be given to:

1. persons entitled to notice under NYS laws in child custody proceeding, and
2. parents whose parental rights have not been ________ , and
3. any person having physical ______ of child.

Answer 19

Terminated…….. custody