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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.

Non-biological Gay Father Prevails Against Biological Father

same-150x150This is the story of a complicated, unique case decided by the Texas Court of Appeals. Two men first travel to Canada and thereafter to California for the purpose of creating a legal gay union. A surrogate was hired who bore a child for one of the gay men. A proceeding was brought in the State of California to establish both gay men as legal parents of the child. A lawsuit was brought in the State of Texas to dissolve the marriage. However, since Texas didn’t recognize the marriage, they couldn’t dissolve it. Texas courts will not acknowledge same sex marriages from other states.

California Parenting Judgment

In the State of California, the two men were considered legal parents of the child. They obtained from California a pre-birth declaration of parentage. This is pursuant to the Uniform Parentage Act, which is a valid statute in California. This is a legal device designed to allow gay couples to use a surrogate and have both men be designated as a parent of the child. This unusual statute created difficulties when the two men broke up.

Break-up for Gay Couple

Although break-ups between heterosexual couples can be complicated and nasty, the break up of two male parents of a child is both unusual and involves complex legal issues. In this case, the biological parent, after the break-up, claimed that the non-biological parent had no parental rights. The Texas Court of Appeals disagreed with the argument of the biological parent. They found that under the Uniform Parentage Act, both parents had equal rights similar to a heterosexual couple.

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Fathers’ Rights Attorneys In New York

The Law Offices of Schlissel DeCorpo has been defending fathers’ rights in matrimonial and family law cases for more than thirty years. We litigate issues such parental alienation, parental alienation syndrome, relocation problems, equitable distribution of assets in divorce, child abuse defenses and prosecutions by Child Protective Services (CPS) and Administration for Children’s Services (ACS) for child abuse.

In divorce cases, we assist our clients concerning child custody, child visitation, child support and spousal maintenance (alimony) issues. If our clients are charged with domestic violence, we litigate the orders of protection that are taken out against them by their spouses. When fathers have financial difficulties, we bring downward modification of support proceedings. We also litigate the issue of paternity on behalf of our clients.

Call us for a free consultation. Our office numbers are 1-800-344-6431, 516-561- 6645 and 718-350-2802. Our phones are monitored 24/7.

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