Legal Opinion

Ozdemir v. Riley

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

Decided December 12, 2012Published

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

  1. Davis v. VendittoAppellate Division of the Supreme Court of the State of New York · 2007
  2. Hearne v. HearneAppellate Division of the Supreme Court of the State of New York · 2009
  3. Navarrete v. WyattAppellate Division of the Supreme Court of the State of New York · 2008
  4. Fleet v. ScarolaAppellate Division of the Supreme Court of the State of New York · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API