FCA § 580-201

Bases for jurisdiction over nonresident

§ 580-201. Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons and petition within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document or other action having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage of a child in the putative father registry maintained in this state by the office of children and family services; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subdivision (a) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 580-611 of this article are met, or, in the case of a foreign support order, unless the requirements of section 580-615 of this article are met.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/580-201

In plain English

A NY tribunal may exercise personal jurisdiction over a nonresident to establish/enforce support or determine parentage if any applies: (1) personally served in NY; (2) submits by consent, general appearance, or a responsive filing; (3) resided with the child in NY; (4) resided in NY and provided prenatal expenses or support; (5) the child lives in NY due to the individual's acts/directives; (6) engaged in intercourse in NY and the child may have been conceived thereby; (7) asserted parentage in NY's putative father registry; or (8) any other constitutional basis. ★

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 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.