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WHAT IF MY SPOUSE AND I LIVE IN DIFFERENT STATES?
July 8, 2017
What if my spouse and I live in different states?
I worked on a case recently and we just had a court decision come down from the Supreme Court in Brooklyn...a very interesting case...and the decision gives lawyers insight as to how to interpret the UCCJEA law as it pertains to custody where the parties are seeking custody at the same time but in two different states. I will publish the case soon on my web site at www.nycdivorcelawyer.net if I get permission from my client! Prior to this case a party living with a child for six months in New York could be temporarily absent from New York but could return to New York if done so within 6 months to sue for custody as the statute was silent as to what constitutes a temporary absence from the state verses an abandonment. Essentially, the case said in part that if you leave the State and make another State your home, you are permanently absent and as such might not be able to sue for custody in New York, depending on the facts. So if you are thinking of suing for custody and you live in New York for 6 months or longer, my personal opinion is, depending on the particular facts, is to file your petition for custody in New York and establish your custodial rights before you plan to move or you might find yourself litigating in a state you have no intention of STAYING in!
By #nycdivorcelawyer + #lisabetholder +lawofficesoflisabetholderNewYorkNY