Boivin v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
The father argues that the mother wrongfully removed the child from New York and, therefore, the period of time that she has spent in Puerto Rico since leaving New York should count toward the six-month period required to establish New York as her home state for jurisdictional purposes (see Domestic Relations Law §§ 75-a, 76; Matter of Joy v Kutzuk, 99 AD3d 1049, 1050 [2012]; Matter of Felty v Felty, 66 AD3d 64, 70-71 [2009]; Matter of Krymko v Krymko, 32 AD3d 941, 942 [2006]). The father did not raise the issue of wrongful removal before Family Court and, therefore, it is not preserved for…
2Cases cited4 opinions
- In re Harmony S.Appellate Division of the Supreme Court of the State of New York · 2005
- Isaiah O. v. Andrea P.Appellate Division of the Supreme Court of the State of New York · 2001
- Krymko v. KrymkoAppellate Division of the Supreme Court of the State of New York · 2006
- Joy v. KutzukAppellate Division of the Supreme Court of the State of New York · 2012