N.Y. Domestic Relations Law Section 76-A
Exclusive, continuing jurisdiction

1.

Except as otherwise provided in § 76-C (Temporary emergency jurisdiction)section seventy-six-c of this title, a court of this state which has made a child custody determination consistent with section seventy-six or seventy-six-b of this title has exclusive, continuing jurisdiction over the determination until:

(a)

a court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or

(b)

a court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.

2.

A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section seventy-six of this title.

Source: Section 76-A — Exclusive, continuing jurisdiction, https://www.­nysenate.­gov/legislation/laws/DOM/76-A (updated Sep. 22, 2014; accessed May 4, 2024).

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Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 76-A’s source at nysenate​.gov

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