Malik v. Fhara
Opinion of the Court
The subject child was born in New York on November 20, 2007. The father stated that the mother brought the child to Bangladesh on May 7, 2008. The father filed a custody petition dated December 30, 2008. The father’s petition for custody was dismissed on the ground that New York lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (see Domestic Relations Law art 5-A; hereinafter the Act).
Here, the Family Court properly determined that New York was not the child’s home state since, as the father concedes, the child did not live in New York for at least six consecutive months immediately before the commencement of this child custody proceeding (see Domestic Relations Law § 75-a [7]), and New York was not the home state of the child within six months before the commencement of the proceeding (see Domestic Relations Law § 76 [1] [a]). Furthermore, contrary to the father’s contention, the Family Court did not have continuing jurisdiction pursuant to Domestic Relations Law § 76-a (1), inasmuch as no prior custody determination had been made. Accordingly, the Family Court properly dismissed the petition for lack of jurisdiction (see Matter of Jablonsky-Urso v Urso, 88 AD3d 711, 712 [2011]). Florio, J.P., Balkin, Hall and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.