DRL 5A Volume 2 Flashcards
75-b Proceedings governed by other laws
This article does not govern an __________ proceeding, or proceedings pertaining to the authorization of emergency medical care for a child.
adoption
75-c Application to Indian tribes
A court of NYS shall treat an Indian tribe as if it were a ________ for purposes of applying this title. A child custody determination made by a tribe under factual circumstances in conformity with this article, must be enforced under this article (However, it is not subject to this article if it is governed by the Indian Child Welfare Act, 25 USCS 1901 and subsequent.)
state
75-d International application of article
A NYS court shall treat a foreign country as a _______ for purposes of applying this article. However, it need not apply this article if custody law of a foreign country violates fundamental principles of human rights.
U.S. state
75-e Effect of child custody determination
A child custody determination made by a court of NYS binds all persons served and is conclusive as to all decided issues of _______ & ______
law and fact.
75-f Priority
Upon request of a party, child or attorney for child, ____________ must be given priority
jurisdiction question
75-g Notice to persons outside state
Service outside NYS can be made as per laws of NYS or laws of state in which service is made, except that notice is not required for a person who submits to the jurisdiction of the court.
Service outside NYS can be made:
- by personal delivery outside NYS as per CPLR313. Or
- by any form of mail requesting a receipt, or
- if other service is impracticable, in any manner as court, upon motion, directs - including publication.
- in any manner prescribed by the law of the state in which service is made.
75-g Notice to persons outside state
Service outside NYS can be made as per laws of NYS or laws of state in which service is made, except that notice is not required for a person who submits to the jurisdiction of the court.
Service outside NYS can be made:
- by personal delivery outside NYS as per CPLR313. Or
- by any form of mail requesting a receipt, or
- if other service is impracticable, in any manner as court, upon motion, directs - including publication.
- in any manner prescribed by the law of the state in which service is made.
75-g Notice to persons outside state
Proof of service outside NYS:
- shall be by ________ or by any other manner prescribed by the order pursuant to which service was made,
- if by mail, by receipt _______ by addressee, or other evidence of delivery to addressee,
- may be in any manner prescribed by law of the state in which service is made. If person submits to jurisdiction of the court, notice for jurisdiction is not required.
Affidavit.. … signed
5-h Appearance and limited immunity.
Party to a child custody proceeding is not subject to personal jurisdiction in NYS for another proceeding.
A party present in NYS who is subject to the jurisdiction of another state is not immune from service allowable under the laws of that state.
Immunity does not extend to acts committed by an individual while _____ in NYS.
present
75-i Communication between courts
Generally, a record of __________ between a court of NYS and court of another state must be made.
Parties must be promptly informed and granted ______________ to the record.
Communications.. access
75-j Taking testimony in another state
Party to a child custody proceeding may offer testimony of witnesses located in another state.
Documentary evidence transmitted from another state by technological means may not be excluded from evidence on an objection based on the means of ________
transmission.
75-k Cooperation between courts and preservation of records
A court of NYS may request a court of another state to:
- hold an evidentiary hearing
- order a person to produce or give evidence pursuant to procedures of that state
- order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
- forward to a court of NYS a certified copy of transcript of hearing record, evidence, and any evaluation prepared in compliance with the request
- order a party to a child custody proceeding or any person having physical custody of child to appear in proceeding, with or without the child.
- A court of another state may request a court of this state items 1-5, above.
- Travel and other expenses may be assessed against parties according to the law of NYS.
- Court of NYS shall preserve child custody case records until child reaches _______ years of age. Court or law enforcement official of another state may request a certified copy of those records.
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75-L Military service by parent; effect on child custody orders
Military Service
1.Court is prohibited from making certain permanent orders during period of time that parent is activated.
2. Court may make temporary orders.
3. Temporary order is to be reviewed by court upon return of parent from military service.
4. This section does not apply to assignments to permanent duty stations or permanent changes of station.
75-L Military service by parent; effect on child custody orders
1.Court is prohibited from making certain permanent orders during period of time that parent is activated.
2. Court may make temporary orders.
3. Temporary order is to be reviewed by court upon return of parent from military service.
4. This section does not apply to assignments to permanent duty stations or permanent changes of station.
75-m. Consideration of blindness during guardianship, custody, or visitation proceedings
Court may not deny or decide a petition for guardianship, custody, or visitation solely on basis that petitioner is ________
- blindness of petitioner shall be considered relevant only to extent that court finds, based on evidence in record, that blindness affects best interests of child whose guardianship, custody or visitation is subject of petition.
blind,
76 Initial child custody jurisdiction
Generally, a court has jurisdiction to make an initial child custody determination if:
(a) NYS is home state of child on date of commencement of proceeding, or NYS was home state of child within _____ months before proceeding and child is absent from NYS, but parent or person acting as parent continues to live in NYS, or
(b) court of another state does not have jurisdiction as per (a), or has declined to exercise jurisdiction, and
- 1) child and parent(s) have a significant connection with NYS other than mere physical presence, and
- 2) substantial evidence is available in NYS concerning child(s) care, protection, training, and personal relationships, or
(c) Other courts have declined to exercise jurisdiction.
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76 Initial child custody jurisdiction
Physical presence of party or child or personal jurisdiction over party or child is ___________ or sufficient to make a child custody determination.
not necessary
