Simultaneous proceedings
§ 580-204. Simultaneous proceedings. (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state of the child.
When petitions are filed in two places, NY may exercise jurisdiction if NY's petition is filed before the other jurisdiction's response deadline, the other party timely challenges jurisdiction there, and (if relevant) NY is the child's home state. NY may not exercise jurisdiction if the other jurisdiction filed first (within NY's response window), the party timely challenges here, and (if relevant) the other place is the home 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 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.