Nassau county family law attorney, Barton Resnicoff, discusses how to navigate challenging New York child custody issues.
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The starting point is that whatever state issues the first order of custody, that’s exclusive, continuing jurisdiction as long as either one party or the child remains in that jurisdiction, in that state. However, there are exceptions, and probably the most important exception is the inconvenient forum exception. And that means that it’s inconvenient not for either of the parties or litigants, but it’s inconvenient for who the witnesses would be in the custody litigation. In other words, if all of the best interest factors concerning the child are in a different state, the first state will usually defer jurisdiction to the new state. And the way this is done is the two judges talk to each other. And here probably the most, the biggest factor – and it’s not in the law any place – are the two judges and which judge wants the case more.