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N.Y. Fam. Ct. Act § 580-204

Simultaneous proceedings

Redline — January 1, 2016 → current.View current text →
Current — January 1, 2017
As of January 1, 2016
* § 580-204. Simultaneous proceedings in another state. (a) A tribunal\nof this state may exercise jurisdiction to establish a support order if\nthe petition or comparable pleading is filed after a pleading is filed\nin another state only if:\n (1) the petition or comparable pleading in this state is filed before\nthe expiration of the time allowed in the other state for filing a\nresponsive pleading challenging the exercise of jurisdiction by the\nother state;\n (2) the contesting party timely challenges the exercise of\njurisdiction in the other state; and\n (3) if relevant, this state is the home state of the child.\n (b) A tribunal of this state may not exercise jurisdiction to\nestablish a support order if the petition or comparable pleading is\nfiled before a petition or comparable pleading is filed in another state\nif:\n (1) the petition or comparable pleading in the other state is filed\nbefore the expiration of the time allowed in this state for filing a\nresponsive pleading challenging the exercise of jurisdiction by this\nstate;\n (2) the contesting party timely challenges the exercise of\njurisdiction in this state; and\n (3) if relevant, the other state is the home state of the child.\n * NB Effective until January 1, 2016\n * § 580-204. Simultaneous proceedings. (a) A tribunal of this state\nmay exercise jurisdiction to establish a support order if the petition\nor comparable pleading is filed after a pleading is filed in another\nstate or a foreign country only if:\n (1) the petition or comparable pleading in this state is filed before\nthe expiration of the time allowed in the other state or the foreign\ncountry for filing a responsive pleading challenging the exercise of\njurisdiction by the other state or the foreign country;\n (2) the contesting party timely challenges the exercise of\njurisdiction in the other state or the foreign country; and\n (3) if relevant, this state is the home state of the child.\n (b) A tribunal of this state may not exercise jurisdiction to\nestablish a support order if the petition or comparable pleading is\nfiled before a petition or comparable pleading is filed in another state\nor a foreign country if:\n (1) the petition or comparable pleading in the other state or foreign\ncountry is filed before the expiration of the time allowed in this state\nfor filing a responsive pleading challenging the exercise of\njurisdiction by this state;\n (2) the contesting party timely challenges the exercise of\njurisdiction in this state; and\n (3) if relevant, the other state or foreign country is the home state\nof the child.\n * NB Effective January 1, 2016\n
§ 580-204. Simultaneous proceedings. (a) A tribunal of this state may\nexercise jurisdiction to establish a support order if the petition or\ncomparable pleading is filed after a pleading is filed in another state\nor a foreign country only if:\n (1) the petition or comparable pleading in this state is filed before\nthe expiration of the time allowed in the other state or the foreign\ncountry for filing a responsive pleading challenging the exercise of\njurisdiction by the other state or the foreign country;\n (2) the contesting party timely challenges the exercise of\njurisdiction in the other state or the foreign country; and\n (3) if relevant, this state is the home state of the child.\n (b) A tribunal of this state may not exercise jurisdiction to\nestablish a support order if the petition or comparable pleading is\nfiled before a petition or comparable pleading is filed in another state\nor a foreign country if:\n (1) the petition or comparable pleading in the other state or foreign\ncountry is filed before the expiration of the time allowed in this state\nfor filing a responsive pleading challenging the exercise of\njurisdiction by this state;\n (2) the contesting party timely challenges the exercise of\njurisdiction in this state; and\n (3) if relevant, the other state or foreign country is the home state\nof the child.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.