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New York Declines Jurisdiction in Custody Cases

child-150x1501A father brought a custody petition in New York State. The next day, the mother who resided in Texas brought a custody petition for the parties child in Texas. There was litigation to determine whether New York or Texas would be the appropriate jurisdiction to determine who receives custody of the child.

The Parties Were Divorced In Michigan

The parties were originally divorced in the state of Michigan. Issues involving child support, child custody, visitation and parenting time were still pending at the time the proceedings were brought in New York and Texas. Judge Statler, sitting in the Family Court of New York County, was presented with a sticky issue as to what state has jurisdiction. The father claimed that New York not Texas should be the state to determine custody. In her decision, Judge Statler found that, under the Uniform Child Custody Jurisdiction and Enforcement Act, Texas would be the appropriate state to handle this child custody case. Her reasoning was that the child had resided in Texas with the mother for approximately one year at the time of the initiation of the custody proceedings. Under this law, the state that the child lived in for the past six months is the appropriate state to determine custody. Judge Statler also found there were more significant contacts with the child and the mother in the state of Texas than in New York. She therefore dismissed the case and the case will now have to be dealt with in Texas.

Fathers’ Rights Law Firm

The Law Offices of Schlissel DeCorpo is one of the premier fathers’ rights law firms in the country. Our attorneys have more than ninety years of combined legal experience in handling fathers’ rights cases. We litigate divorce matters, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse and child neglect proceedings. In addition, we deal with CPS and ACS problems related to child abuse and child neglect. When our clients lose their jobs or have reduced income, we bring proceedings to reduce child support payments. We litigate numerous cases each year involving issues concerning paternity, equitable distribution, grandparents’ rights and high net worth divorces. We also are negotiating separation agreements, prenuptial and postnuptial agreements. Feel free to contact us for a free consultation.

International Custody Drama

sean-and-david-goldman-brazil-custodyFather, an American citizen, seeks his son’s return from Brazil:

David Goldman’s saga began in 2004. His wife took his son on a vacation to her native country, Brazil, in 2004. She then brought a divorce proceeding in Brazil. She stayed in Brazil after the divorce proceeding in what Goldman and the US Government referred to as a child abduction.

The boy’s mother eventually remarried. However she died last year. Her relatives and her second husband have been involved in legal proceedings keeping the boy in Brazil. The Family alleges that the boy, Shawn, desired to stay in Brazil. Recently the Brazilian Supreme Court said that Shawn’s own feelings should be taken into consideration regarding this matter. David Goldman had been litigating in Brazil for more than five years to try and have his son returned to him.

This litigation involving Goldman’s son impacted relations between Brazil and the United States. Earlier this year, United States Secretary of State, Hilary Clinton, asked the Brazilian Government to have Shawn returned to his father’s custody in the United States. The United States House of Representatives has also passed a resolution asking Brazil’s government to return Shawn to live with his father in the United States.

The Brazilian Supreme Court has ordered that Shawn be returned to his father. David Goldman went to Brazil and picked up Shawn. Child and father are now back in the United States getting to know each other again. The child custody lawyers at the Law Offices of Schlissel DeCorpo are experienced in handling International custody disputes. Should you have questions about an International custody matter feel free to contact the International custody lawyers at the Law Offices of Schlissel DeCorpo at 1-800-344-6431 or by e-mail.

Picture of Sean and David’s reunion on 12/24/09 courtesy of Bossip.

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