Out of State Custody Orders

New York is a transient state, with family moving to the city for business and pleasure. Recognizing that not all divorces and custody cases start in New York, the courts adhere to prior custody orders.

Registering an Out of State Order or Agreement

To enforce or contest an out-of-state custody order in New York, it first needs to be registered pursuant to Domestic Relations Law 77-d. In order to register the order, a parent needs to send their local court:

1. a letter or other document requesting registration;

2. two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

3. the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

After a parent registers the custody order, the court must serve notice upon the other parent and provide them with an opportunity to contest the registration. The other parent has 20 days to contest the order. In order to contest the order, the other parent must show either:

1. the issuing court did not have jurisdiction,

2. the custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so, or

3. the person contesting registration was entitled to, but did not receive, notice in the underlying proceedings before the court that issued the order for which registration is sought.

A parent’s failure to contest the order is as good as them agreeing to its terms.

Enforcing an Out of State Custody Order

Once the custody order is registered in New York, it is treated like it was created in New York. A parent has the same ability to enforce the agreement in Supreme Court and Family Court as if a New York judge decided custody.

Modifying an Out of State Custody Order

A registered court order is modified the same way as a New York Court order is modified. The parent will need to show that there is sufficient change in circumstances reflecting a real need for change in order to ensure the continued best interest of the child. The parent can file a petition in Family Court seeking to modify the order.

In most situations, a change in residency (moving to New York from a different state) is considered a sufficient change in circumstances warranting potential modification.

Modifying Out of State Custody Orders in Emergency Situations

New York courts also have the power to modify out of state custody agreements on an emergency situations. This is very difficult to accomplish and the parent will need to show that the child is present in New York and the child has been abandoned or it is necessary in an emergency to protect the child, a sibling, or parent of the child. There must be an emergency that is real and immediate to protect the child from imminent physical or emotional danger.

New York Will Enforce Out of State Default Custody Orders

New York will enforce out of state custody orders even if the parent defaulted and did not appear in the previous case. The most important thing is to ensure that your custody agreement or order is registered with the court.

Daniel Szalkiewicz and Cali Madia Help with Out of State Custody Orders

Daniel Szalkiewicz & Associates, P.C. can guide you through the registration process for your out of state custody order. Once done, we can help you modify and enforce out of state orders.