2021 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 2 - Jurisdiction
76-H - Information to Be Submitted to Court.

§   76-h.  Information  to  be  submitted  to  court.  1.  Subject  to
subdivision five of this section, in a child  custody  proceeding,  each
party,  in  its  first  pleading or in an attached affidavit, shall give
information, if reasonably ascertainable, under oath as to  the  child's
present  address  or  whereabouts,  the places where the child has lived
during the last five years, and the names and present addresses  of  the
persons  with  whom the child has lived during that period. The pleading
or affidavit must state whether the party:
  (a) has participated, as a party or witness or in any other  capacity,
in any other proceeding concerning the custody of or visitation with the
child  and,  if so, identify the court, the case number, and the date of
the child custody determination, if any;
  (b) knows of any proceeding that could affect the current  proceeding,
including  proceedings  for  enforcement  and  proceedings  relating  to
domestic violence, protective orders, termination  of  parental  rights,
and  adoptions  and, if so, identify the court, the case number, and the
nature of the proceeding; and
  (c) knows the names and addresses of any person not  a  party  to  the
proceeding  who  has  physical  custody of the child or claims rights of
legal custody or physical custody of, or visitation with, the child and,
if so, the names and addresses of those persons.
  2. If the information required by subdivision one of this  section  is
not  furnished, the court, upon motion of a party or its own motion, may
stay the proceeding until the information is furnished.
  3. If the declaration as to any of the items described  in  paragraphs
(a)   through  (c)  of  subdivision  one  of  this  section  is  in  the
affirmative, the declarant shall give additional information under  oath
as  required  by the court. The court may examine the parties under oath
as to details of the information furnished and other  matters  pertinent
to the court's jurisdiction and the disposition of the case.
  4.  Each  party  has  a  continuing  duty  to  inform the court of any
proceeding in this or any other state  that  could  affect  the  current
proceeding.
  5.  Upon  a  finding,  which  may be made ex parte, that the health or
safety of a party or child would be unreasonably  put  at  risk  by  the
disclosure  of  identifying  information,  or  if  an  existing order so
provides, a tribunal shall order that the address of the child or  party
or other identifying information not be disclosed in a pleading or other
document  filed  in a proceeding under this article. Notwithstanding any
other provision of law, if the party seeking custody of  the  child  has
resided  or  resides  in  a  residential program for victims of domestic
violence as defined in section four hundred fifty-nine-a of  the  social
services  law,  the present address of the child and the present address
of the party seeking custody and the address of the residential  program
for  victims  of domestic violence shall not be revealed. Upon making an
order that the address of  the  child  or  party  or  other  identifying
information not be disclosed, the court shall designate the clerk of the
court  or  such  other  disinterested person as the agent for service of
process for the party whose address is to remain confidential and  shall
notify  the  adverse  party of such designation in writing. The clerk or
disinterested person designated by the court  shall,  when  served  with
process  on behalf of the party whose address is to remain confidential,
promptly notify such party whose address is to remain  confidential  and
forward such process to him or her. The party whose address is to remain
confidential shall inform the clerk of the court or disinterested person
designated by the court of any change in address for purposes of receipt
of service of process.