2006 New York Code - Temporary Emergency Jurisdiction.



 
    § 76-c. Temporary emergency jurisdiction. 1. A court of this state has
  temporary  emergency  jurisdiction if the child is present in this state
  and the child has been abandoned or it is necessary in an  emergency  to
  protect the child, a sibling or parent of the child.
    2.  If  there  is  no  previous  child  custody  determination that is
  entitled  to  be  enforced  under  this  article  and  a  child  custody
  proceeding  has  not  been  commenced  in  a  court  of  a  state having
  jurisdiction under sections seventy-six through  seventy-six-b  of  this
  title,  a child custody determination made under this section remains in
  effect until an order is  obtained  from  a  court  of  a  state  having
  jurisdiction  under  sections  seventy-six through seventy-six-b of this
  title.  Where  the  child  who  is  the  subject  of  a  child   custody
  determination  under this section is in imminent risk of harm, any order
  issued under this section shall remain in effect  until  a  court  of  a
  state   having   jurisdiction   under   sections   seventy-six   through
  seventy-six-b of this title has taken steps to assure the protection  of
  the  child.  If  a  child  custody  proceeding  has  not  been or is not
  commenced in a court of  a  state  having  jurisdiction  under  sections
  seventy-six  through  seventy-six-b  of  this  title,  a  child  custody
  determination made under this section becomes a final determination,  if
  it so provides and this state becomes the home state of the child.
    3. If there is a previous child custody determination that is entitled
  to  be  enforced  under  this article, or a child custody proceeding has
  been commenced in a court of a state having jurisdiction under  sections
  seventy-six  through  seventy-six-b of this title, any order issued by a
  court of this state under this section  must  specify  in  the  order  a
  period  that the court considers adequate to allow the person seeking an
  order to obtain an  order  from  the  state  having  jurisdiction  under
  sections  seventy-six  through  seventy-six-b  of  this title. The order
  issued in this state remains in effect until an order is  obtained  from
  the  other  state  within  the  period  specified or the period expires,
  provided, however, that where the child who is the subject  of  a  child
  custody  determination  under  this section is in imminent risk of harm,
  any order issued under this section shall remain in effect until a court
  of a  state  having  jurisdiction  under  sections  seventy-six  through
  seventy-six-b  of this title has taken steps to assure the protection of
  the child.
    4. A court of this state which has been asked to make a child  custody
  determination  under  this  section,  upon  being  informed that a child
  custody  proceeding  has  been  commenced  in,  or   a   child   custody
  determination  has  been made by, a court of a state having jurisdiction
  under sections seventy-six through seventy-six-b of  this  title,  shall
  immediately  communicate  with  the  other  court. A court of this state
  which  is  exercising  jurisdiction  pursuant  to  sections  seventy-six
  through  seventy-six-b  of  this title, upon being informed that a child
  custody  proceeding  has  been  commenced  in,  or   a   child   custody
  determination has been made by, a court of another state under a statute
  similar  to this section shall immediately communicate with the court of
  that state to resolve the emergency, protect the safety of  the  parties
  and  the child, and determine a period for the duration of the temporary
  order.

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