In the Matter of Abigail Anderson v. Jon C. Cintron
Attorneys and Parties
Brief Summary
Interstate child custody modification and jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) [uniform framework governing which state has jurisdiction to make, modify, and enforce child custody determinations across state lines].
Family Court dismissed the mother’s modification petition for lack of jurisdiction without holding a hearing or creating a record.
The dismissal order; the Appellate Division reversed, reinstated the petition, and remitted.
Because the record did not disclose which Domestic Relations Law (DRL) provision the court relied on or whether the court complied with UCCJEA procedures, including DRL § 75-i [communication between courts], and whether New York had lost or relinquished exclusive, continuing jurisdiction under DRL §§ 76-a [exclusive, continuing jurisdiction], 76-e [simultaneous proceedings], or 76-f [inconvenient forum].
Background
A prior New York stipulated order awarded primary residential placement of the child to the father, who resides in Texas, while the mother resides in New York. The mother filed a petition in New York under the UCCJEA to modify that custody/visitation order. New York has adopted the UCCJEA (Domestic Relations Law art 5-A), as has Texas (Tex. Fam. Code § 152.001 et seq. [Texas adoption of the UCCJEA]).
Lower Court Decision
Without conducting a hearing or generating a record, Family Court dismissed the mother’s modification petition on the ground that it lacked jurisdiction.
Appellate Division Reversal
The Appellate Division unanimously reversed on the law, reinstated the petition, and remitted for further proceedings. The court directed Family Court to make a jurisdictional determination in compliance with the UCCJEA after creating an adequate record, including addressing whether New York retained exclusive, continuing jurisdiction under DRL § 76-a and whether any UCCJEA procedures and inter-court communications under DRL § 75-i were followed. The court also noted that events occurring after the dismissed order may be considered on remittal.
Legal Significance
A New York court that issued prior custody determinations cannot summarily dismiss a modification petition for lack of jurisdiction without a developed record demonstrating compliance with the UCCJEA and the pertinent DRL provisions governing exclusive, continuing jurisdiction, simultaneous proceedings, and inconvenient forum. Proper inter-court communication and findings are required before declining jurisdiction.
When a court with a prior custody order considers modifying jurisdiction under the UCCJEA, it must create a record and make specific statutory findings; absent that, a dismissal for lack of jurisdiction will be reversed and remitted.