{"jurisdiction": "us-ny", "code": "drl", "section": "78-A", "citation": "DRL § 78-A", "heading": "Severability clause", "text": ["§ 78-a. Severability clause. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable."], "official_source": "https://www.nysenate.gov/legislation/laws/DOM/78-A", "from_official_api": true, "plain_english": "If a provision is held invalid, the **rest stays in effect** — the article is **severable.**\n\n---\n\n**★ Exam hits:**\n- **\"Home state\" = 6 consecutive months** the child lived with a parent/acting-parent right before commencement (from **birth** if under 6 months). **Temporary absences count.** Home state is the **first-priority** basis for initial jurisdiction (§ 76).\n- **\"Child\" = under 18**; **child custody determination does NOT include support/money orders.**\n- **§ 76 is the exclusive** jurisdictional basis; **physical presence/personal jurisdiction is neither necessary nor sufficient.**\n- **Exclusive continuing jurisdiction** (§ 76-a) lasts until the significant connection/evidence is gone or nobody involved still resides in NY.\n- **Temporary emergency jurisdiction** (§ 76-c): child **present** in NY + **abandoned or emergency** to protect child/sibling/parent; courts **must immediately communicate.**\n- Three **must-communicate** triggers: § 76-c(4), § 76-e(2), § 77-f.\n- **Registration** (§ 77-d): send **two copies incl. one certified** + perjury statement; contest hearing must be **requested within 20 days** or the order is confirmed by operation of law.\n- **Expedited enforcement** (§ 77-g): hearing **within 3 court days** of filing, service **≥ 24 hours** before. Warrant (§ 77-j): child at **imminent risk of serious harm/removal**; heard **next court day** after execution; adjournment **≤ 3 court days**; forcible entry allowed in exigent circumstances.\n- **No fees** against a party **fleeing domestic violence**/child abuse (§§ 76-g, 77-k) unless clearly appropriate by a preponderance.\n- **Clerk duties:** register/file foreign orders as foreign judgments and serve notice (§ 77-d); **preserve records until the child turns 18** (§ 75-k(4)); serve as designated **agent for service of process** where an address is sealed (§ 76-h(5)).\n- Enforcement order **can't be stayed pending appeal** unless a § 76-c emergency order was entered (§ 77-m).\n\n\n---\n*Verbatim statute:* [[DRL - Article 5-A]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/drl/78-a", "publisher": "Elyphived LLC"}