Matter of Intriago v. Diaz-Garcia

Appeal by the father from an order of the Family Court, Kangs County (Lisa Aschkenasy, Ct. Atty. Ref.), dated January 13, 2016. The order dismissed, for lack of subject matter jurisdiction, the father’s petition to modify a foreign custody order.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The subject child was born in 2007 and, on May 26, 2009, the Court of Common Pleas, Lebanon County, Pennsylvania, issued a custody order granting the mother primary…