Jurisdiction to modify determination
§ 76-b. Jurisdiction to modify determination. Except as otherwise provided in section seventy-six-c of this title, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (a) or (b) of subdivision one of section seventy-six of this title and:
1. The court of the other state determines it no longer has exclusive, continuing jurisdiction under section seventy-six-a of this title or that a court of this state would be a more convenient forum under section seventy-six-f of this title; or
2. A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
NY may not modify another state's custody order unless NY has initial jurisdiction under § 76(1)(a) or (b) AND:
1. the other state determines it lost exclusive continuing jurisdiction (§ 76-a) or that NY is a more convenient forum (§ 76-f); or
2. a NY or other court finds the child, parents, and any person acting as a parent don't presently reside in the other state. ★
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.
This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.