{"jurisdiction": "us-ny", "code": "drl", "section": "76", "citation": "DRL § 76", "heading": "Initial child custody jurisdiction", "text": ["§ 76. Initial child custody jurisdiction. 1. Except as otherwise provided in section seventy-six-c of this title, a court of this state has jurisdiction to make an initial child custody determination only if:", "(a) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;", "(b) a court of another state does not have jurisdiction under paragraph (a) of this subdivision, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section seventy-six-f or seventy-six-g of this title, and:", "(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and", "(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;", "(c) all courts having jurisdiction under paragraph (a) or (b) of this subdivision have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section seventy-six-f or seventy-six-g of this title; or", "(d) no court of any other state would have jurisdiction under the criteria specified in paragraph (a), (b) or (c) of this subdivision.", "2. Subdivision one of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.", "3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination."], "official_source": "https://www.nysenate.gov/legislation/laws/DOM/76", "from_official_api": true, "plain_english": "A NY court may make an **initial** custody determination **only if** (except for emergency jurisdiction, § 76-c):\n- **(a) Home state:** NY is the child's **home state** on the commencement date, **or was** within the **prior 6 months** and the child is absent but a parent/person acting as a parent **still lives here.** ★ (Home state wins first.)\n- **(b) Significant connection:** no other state is the home state (or the home state **declined** as inconvenient forum), **AND** the child + at least one parent have a **significant connection** with NY (more than mere presence) **AND substantial evidence** about the child is available here. ★\n- **(c)** All courts with (a)/(b) jurisdiction **declined** in favor of NY as the more appropriate forum; or\n- **(d) Default:** **no other state** would have jurisdiction under (a)/(b)/(c).\n\n**Subd. 2:** This is the **EXCLUSIVE** jurisdictional basis. ★\n**Subd. 3:** **Physical presence / personal jurisdiction over a party or child is neither necessary nor sufficient.** ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/drl/76", "publisher": "Elyphived LLC"}