DRL § 76-A

Exclusive, continuing jurisdiction

§ 76-a. Exclusive, continuing jurisdiction. 1. Except as otherwise provided in section seventy-six-c of this title, a court of this state which has made a child custody determination consistent with section seventy-six or seventy-six-b of this title has exclusive, continuing jurisdiction over the determination until:

(a) a court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(b) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.

2. A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section seventy-six of this title.

Official sourcehttps://www.nysenate.gov/legislation/laws/DOM/76-A

In plain English

Once a NY court makes a proper determination, it keeps exclusive continuing jurisdiction until:

Subd. 2: A NY court without continuing jurisdiction may modify its own determination only if it would now have initial jurisdiction under § 76.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.