Published on:

Wife Moves Florida has Emergency Jurisdiction


A couple commenced an action for divorce and for child custody of their minor child. At the time of the action was initiated, the couple were living apart for several months. The wife instituted the action in Florida. She filed and received an ex-parte injunction enjoining either party from removing the child from the state of Florida and allowing supervised visits with the child. A New York Family Lawyer said the wife predicated her original petition on the grounds of domestic violence and the husband’s allegedly ordering the wife to take the child and reside with the maternal grandparents in Florida. Her petition in Florida has been revised to include the claims for both spousal and child support and alleging assault, battery and cyber stalking by electronic communication in Florida.

Afterwards, the court conducted a joint hearing to New York state domestic relations law. The wife was present at the courthouse in Florida with her counsel and the husband simultaneously appeared in Kings County where both parties were also represented by New York counsel. At the hearing both counsel conceded that New York was the home state of the infant based upon the fact that the child has not resided in Florida for six (6) months prior to the commencement of the action. The husband has persistently argued that the issues of custody and visitation should be argued at New York Court. Conversely, the wife maintained that New York is an inconvenient forum.

The wife predicates her claim of inconvenient forum from the issue that her husband had a history of domestic violence, he has exercised power over her and that the husband has refused to provide adequate support for the wife and the child, that there was an agreement for the wife to live with her parents in Florida and a concession that the issue of the child would be heard in Florida and same was confirmed in an e-mail from the husband.

The husband moves for an order directing the wife to produce their child in court and to transfer the custody to him.

The wife however cross-moves for an order to stay the action based upon the fact that, prior to the commencement of the action, the court of Florida has exercised emergency jurisdiction concerning the custody and protection of the child. A New York Custody Lawyer said the wife also cross-moves for an order to confirm that the Supreme Court will grant the Florida court regarding the issues of custody of the child and that following the court’s conferring, the Supreme Court will enter an order declining jurisdiction and allowing the Florida court to resolve all issues regarding the custody with respect to the parties’ child.

Consequently, the justice in the circuit court of Florida entered an order and states that it appears to the Supreme Court that New York should ultimately be the jurisdiction to handle the dissolution of marriage and child custody issues. The Supreme Court finds that it is necessary to exercise temporary emergency jurisdiction as no prior custody determinations have been made by another court having control. While a petition for dissolution of marriage has been filed in New York, New York has not exercised jurisdiction or entered any custody orders and the court finds that the mere filing of a petition does not divest the court of jurisdiction.

Since the Supreme Court believes that New York is the appropriate jurisdiction, it will yield to the findings made by a judge at the hearing scheduled in New York. A Nassau County Family Lawyer said until that time, the temporary injunction entered by the court shall remain in effect. An application of the judge for reconsideration of his decision was denied appropriately.

A Queens Family Lawyer said every parent deserves to have a valued time with their kids and vice versa. However, it is hard to attain if the family is not living together. If you are a father or a mother who wants to gain child’s custody, you can ask assistance with the NY Child Custody Attorneys. Somehow, if your relationship with your partner is in trying stage, you can have the advice of the NY Family Lawyer or NY Divorce Attorney at Stephen Bilkis and Associates.

Contact Information