Diane W. v. Norman W.

OPINION OF THE COURT

Richard D. Huttner, J.

Petitioner mother herein, by order to show cause, seeks to commence a custody proceeding in this court pursuant to article 5-A (§ 75-a et seq.) of the Domestic Relations Law which codifies and embodies the Uniform Child Custody Jurisdiction Act (UCCJA). Respondent father argues that the New York courts are without jurisdiction.

The salient facts are as follows: The parties were married in New York in 1970. Thereafter, they resided as husband and wife in California, where on January 3, 1978 their son was born. Marital difficulties arose and the…