2006 New York Code - Registration Of Child Custody Determination.



 
    §  77-d.  Registration  of  child  custody  determination.  1. A child
  custody determination  issued  by  a  court  of  another  state  may  be
  registered  in  this  state,  with or without a simultaneous request for
  enforcement, by sending to the appropriate court in this state;
    (a) a letter or other document requesting registration;
    (b) 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
    (c)  except  as  otherwise  provided  in section seventy-six-h of this
  article, 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.
    2.  On  receipt  of  the documents required by subdivision one of this
  section, the registering court shall:
    (a) cause the  determination  to  be  filed  as  a  foreign  judgment,
  together  with  one  copy of any accompanying documents and information,
  regardless of their form; and
    (b) serve notice upon the persons named pursuant to subdivision one of
  this section and  provide  them  with  an  opportunity  to  contest  the
  registration in accordance with this section.
    3.  The  notice  required  by paragraph (b) of subdivision two of this
  section must state that:
    (a) a registered determination is enforceable as of the  date  of  the
  registration  in the same manner as a determination issued by a court of
  this state;
    (b) a hearing to contest the validity of the registered  determination
  must be requested within twenty days after service of notice; and
    (c) failure to contest the registration will result in confirmation of
  the  child  custody  determination  and preclude further contest of that
  determination with respect to any matter that could have been asserted.
    4. A person seeking to contest the validity of a registered order must
  request a hearing within twenty days after service  of  the  notice.  At
  that  hearing,  the  court shall confirm the registered order unless the
  person contesting registration establishes that:
    (a) the issuing court did not have jurisdiction  under  title  two  of
  this article;
    (b)  the  child custody determination sought to be registered has been
  vacated, stayed, or modified by a court having  jurisdiction  to  do  so
  under title two of this article; or
    (c)  the  person  contesting  registration was entitled to notice, but
  notice was not  given  in  accordance  with  the  standards  of  section
  seventy-five-g of this article, in the proceedings before the court that
  issued the order for which registration is sought.
    5.  If  a  timely request for a hearing to contest the validity of the
  registration is not made, the registration is confirmed as a  matter  of
  law  and  the person requesting registration and all persons served must
  be notified of the confirmation.
    6. Confirmation of a registered order, whether by operation of law  or
  after  notice  and  hearing, precludes further contest of the order with
  respect to any matter that could have  been  asserted  at  the  time  of
  registration.

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