ARTICLE 5-A: Uniform Child Custody Jurisdiction Act
(provided by Divorce Source, Inc.)
Published 6.5.98
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Sec. 75-m. Force and effect of custody decrees. A custody
decree rendered by a court of this state which had jurisdiction
under section seventy-five-d of this article shall be binding
upon all parties who have been personally served in this state or
notified pursuant to section seventy-five-f of this article or
who have submitted to the jurisdiction of the court, and who have
been given an opportunity to be heard. As to these parties the
custody decree is conclusive as to all issues of law and fact
decided and as to the custody determination made unless and until
that determination is modified pursuant to law, including the
provisions of this article.
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Sec. 75-n. Recognition of out-of-state custody decrees. The
courts of this state shall recognize and enforce an initial or
modification decree of a court of another state which had assumed
jurisdiction under statutory provisions substantially in
accordance with this article or which was made under factual
circumstances meeting the jurisdictional standards of this
article, so long as the decree has not been modified in
accordance with jurisdictional standards substantially similar to
those of this article.
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Sec. 75-o. Modification of custody decree of another state.
1. If a court of another state has made a custody decree, a
court of this state shall not modify that decree unless (1) it
appears to the court of this state that the court which rendered
the decree does not now have jurisdiction under jurisdictional
prerequisites substantially in accordance with this article or
has declined to assume jurisdiction to modify the decree and (2)
the court of this state has jurisdiction.
2. If a court of this state is authorized under subdivision
one of this section and section seventy-five-i of this article to
modify a custody decree of another state, it shall give due
consideration to the transcript of the record and other documents
of all previous proceedings submitted to it in accordance with
section seventy-five-v of this article.
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Sec. 75-p. Filing and enforcement of custody decree of
another state. 1. A certified copy of a custody decree of
another state may be filed in the office of the clerk of the
supreme court or of the family court. The clerk shall treat the
decree in the same manner as a custody decree of the supreme
court or of the family court. A custody decree so filed has the
same effect and shall be enforced in like manner as a custody
decree rendered by a court of this state.
2. A person violating a custody decree of another state
which makes it necessary to enforce the decree in this state may
be required to pay necessary travel and other expenses, including
attorneys` fees, incurred by the party entitled to the custody or
his witnesses.
Sec. 75-q. Certified copies of custody decrees. The clerk
of the supreme court or the family court, at the request of the
court of another state or, upon payment of the appropriate fees,
if any, at the request of a party to the custody proceeding, the
attorney for a party or a representative of the child shall
certify and forward a copy of the decree to that court or person.
Sec. 75-r. Examination of witnesses outside the state. In
addition to other procedural devices available to a party, any
party to the proceeding or a guardian ad litem or other
representative of the child may examine witnesses, including
parties and the child, in another state by deposition or
otherwise in accordance with the applicable provisions of the
civil practice law and rules.
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Sec. 75-s. Hearings and studies in another state; orders to
appear.
1. A court of this state may request the appropriate
court of another state to hold a hearing to adduce evidence, to
order a party within its jurisdiction, to produce or give
evidence under other procedures of that state, or to have social
studies made with respect to the custody of a child involved in
proceedings pending in the court of this state; and to forward to
the court of this state certified copies of the transcript of the
record of the hearing, the evidence otherwise adduced, or any
social studies prepared in compliance with the request. The cost
of the services may be assessed against the parties.
2. A court of this state may request the appropriate court
of another state to order a party to custody proceedings pending
in the court of this state to appear in the proceedings, and if
that party has physical custody of the child, to appear with the
child. The request may state that travel and other necessary
expenses of the party and of the child whose appearance is
desired will be assessed against another party or will otherwise
be paid.
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