Maida v. Capraro

Memorandum:

Petitioner mother commenced this proceeding alleging that respondent father was in violation of a prior order pursuant to which the parties had joint custody of their youngest child, with the mother having primary physical custody. According to the mother, the father violated the order by keeping the child in South Carolina and refusing to allow the mother to bring her to New York. Family Court properly granted the father’s motion to dismiss the petition for lack of jurisdiction. Where a court of this state has made an initial custody determination, it has “exclusive, continuing…