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The Matrimonial StrategistLJN NewslettersNewsSections

Interstate Custody Determination

By Lynne Strober

“The chancellor in exercising jurisdiction upon petition does not proceed upon the theory that the petitioner, whether the father or mother, has a cause of action against the other or indeed against anyone. He acts as parens patrioe to do what is best for the interest of the child. He is to put himself in the position of a 'wise, affectionate and careful parent' and make provision for the child accordingly.” Finlay v. Finlay, 240 N.Y. 429 (1925), citing Queen v. Gyngall, 1893, 2 Q.B.D. 232, 238 (Judge Cardozo).

A challenge for the matrimonial attorney is resolving the ever-increasing issue of the movement of parents with minor children in and among various states. In a mobile society where parents have joint legal custody, circumstances can arise where each party files an application for custody in a different state. Initially, each state may exercise jurisdiction. However, only one state will be determined to be the child's “home” state under the Uniform Child Custody Jurisdiction Act (UCCJA), thereby providing the final say regarding a custody dispute.

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