N.Y. Domestic Relations Law Section 76-B
Jurisdiction to modify determination

Except as otherwise provided in § 76-C (Temporary emergency jurisdiction)section seventy-six-c of this title, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (a) or (b) of subdivision one of § 76 (Initial child custody jurisdiction)section seventy-six of this title and:

1.

The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 76-A (Exclusive, continuing jurisdiction)section seventy-six-a of this title or that a court of this state would be a more convenient forum under § 76-F (Inconvenient forum)section seventy-six-f of this title; or

2.

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

Source: Section 76-B — Jurisdiction to modify determination, https://www.­nysenate.­gov/legislation/laws/DOM/76-B (updated Sep. 22, 2014; accessed Dec. 2, 2023).

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Accessed:
Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 76-B’s source at nysenate​.gov

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