Legal Opinion
Ozdemir v. Riley
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2012PublishedCited by 6 opinions
1Opinion of the Court
*885The Family Court properly granted the father’s motion to dismiss the mother’s petition to modify an out-of-state custody order. The State of Delaware asserted home-state jurisdiction over the custody proceeding commenced there by the father (see Domestic Relations Law § 75-a [7]; Matter of Navarrete v Wyatt, 52 AD3d 836 [2008]). Here, a New York court may not exercise jurisdiction over a custody proceeding involving the parties’ children, since the pending Delaware proceeding has not been terminated or stayed by the Delaware courts (Domestic Relations Law § 76-e [1]). Moreover, Delaware…
2Cases cited4 opinions
- Davis v. VendittoAppellate Division of the Supreme Court of the State of New York · 2007
- Hearne v. HearneAppellate Division of the Supreme Court of the State of New York · 2009
- Navarrete v. WyattAppellate Division of the Supreme Court of the State of New York · 2008
- Fleet v. ScarolaAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Matter of Howard v. HowardAppellate Division of the Supreme Court of the State of New York · 2020
- Bustamante v. LargueAppellate Division of the Supreme Court of the State of New York · 2013
- Ellen Z. v. Isaac D.New York City Family Court · 2015
- Matter of Sage W. (Sonja W.)Appellate Division of the Supreme Court of the State of New York · 2021
- Bustamante v. LargueAppellate Division of the Supreme Court of the State of New York · 2013
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