Jenkins v. Jenkins

Peters, J. (concurring in part and dissenting in part).

We agree with the majority’s determination that because New York maintained exclusive, continuing jurisdiction to modify the 1999 custody order, Family Court erred in dismissing the proceedings for lack of subject matter jurisdiction. However, we do not agree that we should decide the question of inconvenient forum and hold that the matter was properly transferred to Georgia.

*637Pursuant to Domestic Relations Law § 76-a, Family Court’s jurisdiction continues until “neither the child, the child and one parent, nor the child and a person acting…