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S.P.A.R.C. | 
| Separated Parenting Access & Resource Center
"Keeping Families Connected"
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Uniform Child Custody Jurisdiction Act
Sec. 75-a. Short title. This article shall be known as
the "Uniform Child Custody Jurisdiction Act."
Sec. 75-b. Purposes of article; construction of
provisions. 1. The general purposes of this article are to:
(a) avoid jurisdictional competition and conflict with courts
of other states in matters of child custody which have in the
past resulted in the shifting of children from state to state
with harmful effects on their well-being;
(b) promote cooperation with the courts of other states to
the end that a custody decree is rendered in that state which can
best decide the case in the interest of the child;
(c) assure that litigation concerning the custody of a child
take place ordinarily in the state with which the child and his
family have the closest connection and where significant evidence
concerning his care, protection, training, and personal
relationships is most readily available, and that courts of this
state decline the exercise of jurisdiction when the child and his
family have a closer connection with another state;
(d) discourage continuing controversies over child custody in
the interest of greater stability of home environment and of
secure family relationships for the child;
(e) deter abductions and other unilateral removals of
children undertaken to obtain custody awards;
(f) avoid re-litigation of custody decisions of other states
in this state insofar as feasible;
(g) facilitate the enforcement of custody decrees of other
states;
(h) promote and expand the exchange of information and other
forms of mutual assistance between the courts of this state and
those of other states concerned with the same child; and
(i) make uniform the law of those states which enact it.
2. This article shall be construed to promote the general
purposes stated in this section.
Sec. 75-c. Definitions. As used in this article, the
following terms have the following meanings:
1. "Contestant"
means a person, including a parent, who claims a right to custody
or visitation rights with respect to a child.
2. "Custody determination" means a court decision and court
orders and instructions providing for the temporary or permanent
custody of a child, including visitation rights.
3. "Custody proceeding" includes proceedings in which a
custody determination is at issue or is one of several issues
including any action or proceeding brought to annul a marriage or
to declare the nullity of a void marriage, or for a separation,
or for a divorce, but not including proceedings for adoption,
child protective proceedings or proceedings for permanent
termination of parental custody, or proceedings involving the
guardianship and custody of neglected or dependent children, or
proceedings initiated pursuant to section three hundred
fifty-eight-a of the social services law.
4. "Decree" or "custody decree" means a custody
determination contained in a judicial decree or order made in a
custody proceeding, and includes an initial decree and a
modification decree.
5. "Home state" means the state in which the child at the
time of the commencement of the custody proceeding, has resided
with his parents, a parent, or a person acting as parent, for at
least six consecutive months. In the case of a child less than
six months old at the time of the commencement of the proceeding,
home state means the state in which the child has resided with
any of such persons for a majority of the time since birth.
6. "Initial decree" means the first custody decree
concerning a particular child.
7. "Modification decree" means a custody decree which
modifies or replaces a prior decree, whether made by the court
which rendered the prior decree or by another court.
8. "Physical custody" means actual possession and control of
a child.
9. "Person acting as parent" means a person, other than a
parent, who has physical custody of a child and who has either
been awarded custody by a court or claims a right to custody.
10. "State" means any state, territory, or possession of the
United States, the Commonwealth of Puerto Rico, and the District
of Columbia.
Sec. 75-d. Jurisdiction to make child custody
determinations. 1. A court of this state which is competent to
decide child custody matters has jurisdiction to make a child
custody determination by initial or modification decree only
when:
(a) this state (i) is the home state of the child at the time
of commencement of the custody proceeding, or (ii) had been the
child's home state within six months before commencement of such
proceeding and the child is absent from this state because of his
removal or retention by a person claiming his custody or for
other reasons, and a parent or person acting as parent continues
to live in this state; or
(b) it is in the best interest of the child that a court of
this state assume jurisdiction because (i) the child and his
parents, or the child and at least one contestant, have a
significant connection with this state, and (ii) there is within
the jurisdiction of the court substantial evidence concerning the
child's present or future care, protection, training, and
personal relationships; or
(c) the child is physically present in this state and (i) the
child has been abandoned or (ii) it is necessary in an emergency
to protect the child; or
(d) (i) it appears that no other state would have
jurisdiction under prerequisites substantially in accordance with
paragraph (a), (b), or (c), or another state has declined to
exercise jurisdiction on the ground that this state is the more
appropriate forum to determine the custody of the child, and (ii)
it is in the best interest of the child that this court assume
jurisdiction.
2. Except under paragraphs (c) and (d) of subdivision one of
this section, physical presence in this state of the child, or of
the child and one of the contestants, is not alone sufficient to
confer jurisdiction on a court of this state to make a child
custody determination.
3. Physical presence of the child, while desirable, is not a
prerequisite for jurisdiction to determine his custody.
Sec. 75-e. Notice and opportunity to be heard. Before
making a decree under this article, reasonable notice and
opportunity to be heard shall be given to the contestants, any
parent whose parental rights have not been previously terminated,
and any person who has physical custody of the child. If any of
these persons is outside the state, notice and opportunity to be
heard shall be given pursuant to section seventy-five-f of this
article. Any person who is given notice and an opportunity to be
heard pursuant to this section shall be deemed a party to the
proceeding for all purposes under this article.
Sec. 75-f. Notice to persons outside the state. 1. If a person
cannot be personally served with notice within the state, the court
shall require that such person be served in a manner reasonably
calculated to give actual notice, as follows:
(a) by personal delivery outside the state in the manner prescribed in
section three hundred thirteen of the civil practice law and rules;
(b) by any form of mail addressed to the person and requesting a
receipt; or
(c) in such manner as the court, upon motion, directs, including
publication, if service is impracticable under paragraph (a) or (b) of
subdivision one of this section.
2. Notice under this section shall be served, mailed, delivered, or
last published at least twenty days before any hearing in this state.
3. Proof of service outside the state shall be by affidavit of the
individual who made the service, or in the manner prescribed by the
order pursuant to which the service is made. If service is made by
mail, proof may be a receipt signed by the addressee or other evidence
of delivery to the addressee.
4. Notice is not required if a person submits to the jurisdiction of
the court.
Sec. 75-g. Simultaneous proceedings in other states.
1. A
court of this state shall not exercise its jurisdiction under
this article if at the time of filing the petition a proceeding
concerning the custody of the child was pending in a court of
another state exercising jurisdiction substantially in conformity
with this article, unless the proceeding is stayed by the court
of the other state because this state is a more appropriate forum
or for other reasons.
2. Before hearing the petition in a custody proceeding the
court shall examine the pleadings and other information supplied
by the parties under section seventy-five-j of this article. If
the court has reason to believe that proceedings may be pending
in another state it shall direct an inquiry to the state court
administrator or other appropriate official of the other state.
3. If the court is informed during the course of the
proceeding that a proceeding concerning the custody of the child
was pending in another state before the court assumed
jurisdiction it shall stay the proceeding and communicate with
the court in which the other proceeding is pending to the end
that the issue may be litigated in the more appropriate forum and
that information be exchanged in accordance with sections
seventy-five-s through seventy-five-v of this article. If a
court of this state has made a custody decree before being
informed of a pending proceeding in a court of another state, it
shall immediately inform that court of the fact. If the court is
informed that a proceeding was commenced in another state after
it assumed jurisdiction, it shall likewise inform the other court
to the end that the issues may be litigated in the more
appropriate forum.
Sec. 75-h. Inconvenient forum.
1. A court which has
jurisdiction under this article to make an initial or
modification decree may decline to exercise its jurisdiction any
time before making a decree if it finds that it is an
inconvenient forum to make a custody determination under the
circumstances of the case and that a court of another state is a
more appropriate forum.
2. A finding of inconvenient forum may be made upon the
court's own motion or upon motion of a party or a guardian ad
litem or other representative of the child.
3. In determining if it is an inconvenient forum, the court
shall consider if it is in the interest of the child that another
state assume jurisdiction. For this purpose it may take into
account the following factors, among others, whether:
(a) another state is or recently was the child's home state;
(b) another state has a closer connection with the child and
his family or with the child and one or more of the contestants;
(c) substantial evidence concerning the child's present or
future care, protection, training, and personal relationships is
more readily available in another state;
(d) the parties have agreed on another forum which is no less
appropriate; and
(e) the exercise of jurisdiction by a court of this state
would contravene any of the purposes stated in section
seventy-five-b of this article.
4. Before determining whether to decline or retain
jurisdiction the court may communicate with a court of another
state and exchange information pertinent to the assumption of
jurisdiction by either court with a view to assuring that
jurisdiction will be exercised by the more appropriate court and
that a forum will be available to the parties.
5. If the court finds that it is an inconvenient forum and
that a court of another state is a more appropriate forum, it may
dismiss the proceedings, or it may stay the proceedings upon
condition that a custody proceeding be promptly commenced in
another named state or upon any other conditions which may be
just and proper, including the condition that a moving party
stipulate his consent and submission to the jurisdiction of the
other forum.
6. Where the court has jurisdiction of an action or
proceeding brought to annul a marriage or to declare the nullity
of a void marriage or for a separation or for a divorce, the
court may decline to exercise jurisdiction of an application for
a custody determination made therein while retaining jurisdiction
of the matrimonial action.
7. If it appears to the court that it is clearly an
inappropriate forum it may require the party who commenced the
proceedings to pay, in addition to the costs of the proceedings
in this state, necessary travel and other expenses, including
attorneys` fees, incurred by other parties or their witnesses.
Payment shall be made to the clerk of the court for remittance to
the proper party.
8. Upon dismissal or stay of proceedings under this section
the court shall inform the court found to be the more appropriate
forum of such dismissal or stay, or if the court which would have
jurisdiction in the other state is not certainly known, shall
transmit the information to the court administrator or other
appropriate official for forwarding to the appropriate court.
9. Any communication received from another state to the
effect that its courts have made a finding of inconvenient forum
because a court of this state is the more appropriate forum shall
be filed with the clerk of the appropriate court. Upon assuming
jurisdiction the court of this state shall inform the original
court of this fact.
Sec. 75-i. Jurisdiction declined because of conduct.
1. If
the petitioner for an initial decree has wrongfully taken the
child from another state or has engaged in similar reprehensible
conduct the court may decline to exercise jurisdiction if this is
just and proper under the circumstances.
2. Unless required in the interest of the child, the court
shall not exercise its jurisdiction to modify a custody decree of
another state if the petitioner, without consent of the person
entitled to custody, has improperly removed the child from the
physical custody of the person entitled to custody or has
improperly retained the child after a visit or other temporary
relinquishment of physical custody. If the petitioner has
violated any other provision of a custody decree of another state
the court may decline to exercise its jurisdiction if this is
just and proper under the circumstances.
3. In appropriate cases a court dismissing a petition under
this section may charge the petitioner with necessary travel and
other expenses, including attorneys` fees, incurred by other
parties or their witnesses.
Sec. 75-j. Pleadings and affidavits; duty to inform court.
1. Except as
provided in subdivisions four and five of this section, every party to
a custody proceeding shall, in his or her first pleading or in an
affidavit attached to that pleading, give information under oath as to
the child's present address, the places where the child has lived
within the last five years, and the names and present addresses of the
persons with whom the child has lived during that period. In this
pleading or affidavit every party shall further declare under oath
whether he or she:
(a) has participated as a party, witness, or in any other capacity
in any other litigation concerning the custody of the same child in
this or any other state;
(b) has information of any custody proceeding concerning the child
pending in a court of this or any other state; and
(c) knows of any person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation
rights with respect to the child.
2. If the declaration as to any of the above items is in the
affirmative the declarant shall give additional information under oath
as required by the court. The court may examine the parties under
oath as to details of the information furnished and as to other
matters pertinent to the court's jurisdiction and the disposition of
the case.
3. If, during the pendency of a custody proceeding, any party learns
of another custody proceeding concerning the child in this or another
state, he shall immediately inform the court of this fact.
4. In an action for divorce or separation, or to annul a marriage or
declare the nullity of a void marriage,
(a) where neither party is in
default in appearance or pleading and the issue of custody is
uncontested, the affidavit required by this section need not be
submitted. In any other such action, such affidavit shall be submitted
by the parties within twenty days after joinder of issue on the
question of custody, or at the time application for a default judgment
is made.
(b) Notwithstanding any other provision of law, if the party seeking
custody of the child has resided or resides in a residential program
for victims of domestic violence as defined in subdivision four of
section four hundred fifty-nine-a of the social services law, the
present address of the child and the present address of the party
seeking custody and the address of the residential program for victims
of domestic violence shall not be revealed.
(c) Notwithstanding any other provision of law, the court shall
waive disclosure of the present and all prior addresses of the child
or a party upon notice to the adverse party when such relief is
necessary for the physical or emotional safety of a child or a party.
5. Notwithstanding any other provision of law, in any custody
proceeding, the court shall waive disclosure of the present or a prior
address of the child or a party when such relief is necessary for the
physical or emotional safety of a child or a party. Application for
an order waiving disclosure of the present or a prior address of the
child or a party shall be on notice to all other parties, who shall
have an opportunity to be heard. Provided, however, that in no case
shall the address of a residential program for victims of domestic
violence, as defined in subdivision four of section four hundred
fifty-nine-a of the social services law, be disclosed.
Sec. 75-k. Additional parties. If the court learns from
information furnished by the parties pursuant to section
seventy-five-j of this article, or from other sources that a
person not a party to the custody proceeding has physical custody
of the child or claims to have custody or visitation rights with
respect to the child, it shall order that person to be joined as
a party and to be duly notified of the pendency of the proceeding
and of his joinder as a party. If the person joined as a party
is outside this state he shall be served with process or
otherwise notified in accordance with section seventy-five-f of
this article.
Sec. 75-l. Appearance of parties and the child.
1. The
court may order any party to the proceeding who is in the state
to appear personally before the court. If that party has
physical custody of the child the court may order that he appear
personally with the child.
2. If a party to the proceeding whose presence is desired by
the court is outside the state with or without the child the
court may order that the notice given under section
seventy-five-f of this article include a statement directing that
party to appear personally with or without the child and
declaring that failure to appear may result in a decision adverse
to that party.
3. If a party to the proceeding who is outside the state is
directed to appear under subdivision two or desires to appear
personally before the court with or without the child, the court
may require another party to pay to the clerk of the court travel
and other necessary expenses of the party so appearing and of the
child if this is just and proper under the circumstances.
Sec. 75-m. Force and effect of custody decrees. A custody
decree rendered by a court of this state which had jurisdiction
under section seventy-five-d of this article shall be binding
upon all parties who have been personally served in this state or
notified pursuant to section seventy-five-f of this article or
who have submitted to the jurisdiction of the court, and who have
been given an opportunity to be heard. As to these parties the
custody decree is conclusive as to all issues of law and fact
decided and as to the custody determination made unless and until
that determination is modified pursuant to law, including the
provisions of this article.
Sec. 75-n. Recognition of out-of-state custody decrees. The
courts of this state shall recognize and enforce an initial or
modification decree of a court of another state which had assumed
jurisdiction under statutory provisions substantially in
accordance with this article or which was made under factual
circumstances meeting the jurisdictional standards of this
article, so long as the decree has not been modified in
accordance with jurisdictional standards substantially similar to
those of this article.
Sec. 75-o. Modification of custody decree of another state.
1. If a court of another state has made a custody decree, a
court of this state shall not modify that decree unless (1) it
appears to the court of this state that the court which rendered
the decree does not now have jurisdiction under jurisdictional
prerequisites substantially in accordance with this article or
has declined to assume jurisdiction to modify the decree and (2)
the court of this state has jurisdiction.
2. If a court of this state is authorized under subdivision
one of this section and section seventy-five-i of this article to
modify a custody decree of another state, it shall give due
consideration to the transcript of the record and other documents
of all previous proceedings submitted to it in accordance with
section seventy-five-v of this article.
Sec. 75-p. Filing and enforcement of custody decree of
another state. 1. A certified copy of a custody decree of
another state may be filed in the office of the clerk of the
supreme court or of the family court. The clerk shall treat the
decree in the same manner as a custody decree of the supreme
court or of the family court. A custody decree so filed has the
same effect and shall be enforced in like manner as a custody
decree rendered by a court of this state.
2. A person violating a custody decree of another state
which makes it necessary to enforce the decree in this state may
be required to pay necessary travel and other expenses, including
attorneys` fees, incurred by the party entitled to the custody or
his witnesses.
Sec. 75-q. Certified copies of custody decrees. The clerk
of the supreme court or the family court, at the request of the
court of another state or, upon payment of the appropriate fees,
if any, at the request of a party to the custody proceeding, the
attorney for a party or a representative of the child shall
certify and forward a copy of the decree to that court or person.
Sec. 75-r. Examination of witnesses outside the state. In
addition to other procedural devices available to a party, any
party to the proceeding or a guardian ad litem or other
representative of the child may examine witnesses, including
parties and the child, in another state by deposition or
otherwise in accordance with the applicable provisions of the
civil practice law and rules.
Sec. 75-s. Hearings and studies in another state; orders to
appear.
1. A court of this state may request the appropriate
court of another state to hold a hearing to adduce evidence, to
order a party within its jurisdiction, to produce or give
evidence under other procedures of that state, or to have social
studies made with respect to the custody of a child involved in
proceedings pending in the court of this state; and to forward to
the court of this state certified copies of the transcript of the
record of the hearing, the evidence otherwise adduced, or any
social studies prepared in compliance with the request. The cost
of the services may be assessed against the parties.
2. A court of this state may request the appropriate court
of another state to order a party to custody proceedings pending
in the court of this state to appear in the proceedings, and if
that party has physical custody of the child, to appear with the
child. The request may state that travel and other necessary
expenses of the party and of the child whose appearance is
desired will be assessed against another party or will otherwise
be paid.
Sec. 75-t. Assistance to courts of other states.
1. Upon
request of the court of another state the courts of this state
which are competent to hear custody matters may order a party or
witness in this state to appear at an examination to be conducted
in the same manner as if such person were a party to or witness
in an action pending in the supreme court. A certified copy of
the deposition or the evidence otherwise adduced shall be
forwarded by the clerk of the court to the court which requested
it.
2. A person within the state may voluntarily give his
testimony or statement for use in a custody proceeding outside
this state.
3. Upon request of the court of another state a competent
court of this state may order a person within the state to appear
alone or with the child in a custody proceeding in another state.
The court may condition compliance with the request upon
assurance by the other state that travel and other necessary
expenses will be advanced or reimbursed.
Sec. 75-u. Preservation of evidence for use in other states.
In any custody proceeding in this state the court shall preserve
the pleadings, orders and decrees, any record that has been made
of its hearings, social studies, and other pertinent documents
until the child reaches twenty-one years of age. Upon
appropriate request of the court of another state the court shall
forward to the other court certified copies of any or all of such
documents.
Sec. 75-v. Request for court records from another state. If
a custody decree has been rendered in another state concerning a
child involved in a custody proceeding pending in a court of this
state, the court of this state upon taking jurisdiction of the
case shall request of the court of the other state a certified
copy of the transcript of any court record and other documents
mentioned in section seventy-five-u.
Sec. 75-w. International application. The general policies
of this article extend to the international area. The provisions
of this article relating to the recognition and enforcement of
custody decrees of other states apply to custody decrees and
decrees involving legal institutions similar in nature to custody
institutions rendered by appropriate authorities of other nations
if reasonable notice and opportunity to be heard were given to
all affected persons.
Sec. 75-x. Priority. Upon the request of a party to a
custody proceeding which raises a question of existence or
exercise of jurisdiction under this article the case shall be
given calendar priority and handled expeditiously.
Sec. 75-y. Separability. If any part of this article or the
application thereof to any person or circumstance is adjudged
invalid by a court of competent jurisdiction, such judgment shall
not affect or impair the validity of the remainder of such
article or the application thereof to other persons and
circumstances.
Sec. 75-z. Inconsistent provisions of other laws superseded.
Insofar as the provisions of this article are inconsistent with
the provisions of any other law, general, special or local, the
provisions of this article shall be controlling.
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