2019 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 2 - Jurisdiction
76-E - Simultaneous Proceedings.

Universal Citation: NY Dom Rel L § 76-E (2019)
§  76-e.  Simultaneous proceedings. 1. Except as otherwise provided in
section seventy-six-c of this title, a  court  of  this  state  may  not
exercise  its  jurisdiction  under  this  title  if,  at the time of the
commencement of the proceeding, a proceeding concerning the  custody  of
the  child  has  been  commenced  in  a  court  of  another state having
jurisdiction substantially in conformity with this article,  unless  the
proceeding  has  been  terminated or is stayed by the court of the other
state because a court of this state is a  more  convenient  forum  under
section seventy-six-f of this title.
  2.  Except  as  otherwise  provided  in  section seventy-six-c of this
title, a court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information supplied by  the
parties  pursuant  to  section seventy-six-h of this title. If the court
determines that a child custody proceeding has been commenced in a court
in another state having jurisdiction substantially  in  accordance  with
this  article,  the  court  of  this state shall stay its proceeding and
communicate with the court of the other state. If the court of the state
having jurisdiction substantially in accordance with this  article  does
not  determine that the court of this state is a more appropriate forum,
the court of this state shall dismiss the proceeding.
  3. In a proceeding to modify a child custody determination, a court of
this  state  shall  determine  whether  a  proceeding  to  enforce   the
determination  has  been  commenced in another state. If a proceeding to
enforce a child custody determination  has  been  commenced  in  another
state, the court may:

(a) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement:

(b) enjoin the parties from continuing with the proceeding for enforcement; or

(c) proceed with the modification under conditions it considers appropriate.

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