Legal Opinion

Olin v. Johnston

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 2000Published

1Opinion of the Court

—In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from so much of an order of the Family Court, Richmond County (McElrath, J.), dated October 26, 1998, as dismissed his petition for lack of subject matter jurisdiction.

Ordered that the order is affirmed insofar as appealed from, with costs.

Domestic Relations Law § 75-d provides in pertinent part that a court of this State has the jurisdiction to make a child custody determination when this State “is the home state of the child” (Domestic Relations Law § 75-d [1] [a] [i]). Domestic Relations Law §…

2Cases cited2 opinions

  1. Michael P. v. Diana G.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Leo v. HeardAppellate Division of the Supreme Court of the State of New York · 1998

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