Child custody issues when divorcing

If you are considering divorcing your husband in New York, you may have concerns about child custody issues. New York, like most other states, follows the Uniform Child Custom Jurisdiction and Enforcement Act.

As a result, even if your husband leaves the state, the custody arrangements made by the court will generally be binding wherever he lives. You should be aware of how child custody matters affect you if you divorce and seek child custody in New York.

Ensuring jurisdiction in New York state

For a New York court to made custody arrangements, your child qualifies if he or she has resided in New York for the six months prior to the custody action. If he or she no longer lives in New York because your husband moved away with him or her, this does not necessarily mean your child is no longer a state resident. You should discuss this with your family law attorney.

Your child’s relationships within the state also matter. Family members, and even friends, teachers, and other connections can help establish New York State jurisdiction.

Finally, a New York court can settle your custody matter if your child is residing in New York State because he or she has gone to New York because he or she has suffered neglect or abuse.

Avoiding parental kidnapping or asserting custody in another state

The above issues are important for several reasons. One very important one is that your husband cannot assert that an out-of-state court needs to settle child custody just because he has taken your child there. Your family law attorney can assert the above factors including residence, relationships and possibly the need to keep your child in New York for his or her well-being.

The UCCJA gives you important rights concerning the custody of your children. Be sure that you understand the protections it affords you.

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