Mark L. v. Jennifer S.

OPINION OF THE COURT

Dan Lamont, J.

Petitioner father brings this petition for custody pursuant to Family Court Act article 6 and Domestic Relations Law article 5-A seeking legal custody of the parties’ seven-year-old son, Jeremy (born July 8, 1979). Respondent mother has moved for an order dismissing the petition for lack of jurisdiction. The Law Guardian appointed to represent the child opposes the motion to dismiss. For the reasons which follow, this court holds and determines that respondent’s motion to dismiss should be denied.

The essential facts are not in dispute. The parties were…