“The Monroe County Family Court just ordered that I have primary custody of the child. My ex used to live in Ontario County New York but currently has the child in a state outside of New York. How do I enforce the order in another State?”


Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

As noted in other posts regarding relocation cases, once one of the parents moves to another state, things can become a little more tricky.

Once a parent moves outside of New York State, the original custody order must be registered with the State where the parent has moved to. The purpose of registering the custody order is to transfer jurisdiction to the court outside of New York State. To avoid any possible delays, it is important to register the custody order as soon as possible.
Once you register the order, it is possible the opposing parent may object under one of the following grounds:
the court that issued the order did not have jurisdiction;
the order has been vacated, modified, or stayed since originally issued; or
the person did not receive proper notice of the registration before the new court.
The parent has 20 days from date of notice to challenge the registration, and if it is not disputed within this time frame, the transfer of jurisdiction is complete and cannot be objected to any longer.
To be clear, the process may be different depending on the State where the proceedings take place. Be sure to contact the local court and even an attorney in that state for more information.

The Criminal law is complicated. If you are looking for lawyers in buffalo ny free consultation and facing criminal charges or in the middle of a criminal case, such as a dwi cases, contact Andrew Tabashneck esq

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