Posts tagged with "NY"

With the mass exodus of New Yorkers amidst the COVID-19 pandemic from New York City to the more suburban lifestyle of Connecticut, the question of where to file family law case actions has been emerging quite frequently.  The first and most critical question that you need to know is whether Connecticut or New York has jurisdiction to hear the case.  In short, the court with jurisdiction retains the official power to make legal decisions and judgments on a case.  But the answer may not be clear-cut.  Here is what you need to know about family law jurisdiction in Connecticut and New York:

Which State Has Jurisdiction for My Divorce Action?

Generally, Connecticut has jurisdiction over a divorce action if one of the following conditions apply:

1. You or your spouse has lived in Connecticut for at least one (1) year prior to filing for divorce, OR
2. You or your spouse lived in Connecticut at the time of the marriage, moved away, and then returned to Connecticut, AND plan to live here permanently.

Similarly, New York has jurisdiction over a divorce action if one of the following conditions apply:

1. You or your spouse have lived in New York State uninterrupted for at least two (2) years immediately before the date you start your divorce action; OR
2. You or your spouse have lived in New York State on the date the divorce action was commended for a period of at least one (1) year, AND one of the following conditions applies:
   1. Your marriage ceremony was in New York; OR
   2. You lived in New York State with your spouse as married persons; OR
3. You or your spouse have lived in New York State uninterrupted for at least one (1) year immediately before the date you start your divorce action, AND your grounds for divorce occurred in New York State; OR
4. You and your spouse are residents of New York State on the date you start your divorce action, AND your grounds for divorce occurred in New York State.

Which State Has Jurisdiction for My Child Custody/Visitation Action?

Generally, Connecticut has custody and visitation jurisdiction if one of the following conditions apply:

1. Connecticut is the home state of the child at the time the custody/visitation application is submitted, and the child has lived in Connecticut for the last six (6) months, or from birth if the child is less than six (6) months old; OR
2.  The child lived in Connecticut for the last six (6) months, but has been removed from Connecticut less than six (6) months ago by a person claiming to have custody of the child and a parent or guardian continues to live in Connecticut; OR
3. The child and at least one parent has significant ties to Connecticut and substantial evidence exists in Connecticut concerning the child’s present or future care, protection, training, and personal relationships; OR
4. The child is in Connecticut now and has been abandoned, or there is an emergency affecting the child’s well-being; OR
5. No other states have an interest in hearing the case, and it is in the child’s best interest for Connecticut to hear the case.

Generally, New York has custody and visitation jurisdiction if one of the following conditions apply:

1. New York is the home state of the child at the time the custody/visitation application is submitted, and the child has resided in New York State for the last six (6) months before the start of a custody/visitation action, or
2. No other state has jurisdiction, or any interested states has declined jurisdiction; and
   1. The child and child’s parents, or the child and at least one parent, have a significant connection with New York State other than a physical presence; OR
   2. Substantial evidence exists in New York concerning the child’s care, protection, training, and personal relationships; OR
   3. All courts having jurisdiction have declined jurisdiction on the ground that New York State is the more appropriate forum to determine custody; OR
   4. No court of any other state would have jurisdiction under the provisions of the statute.

You can now see that when determining where to file your family law matter, often jurisdiction is not a matter of choice, but a matter of law.  While it is possible that your case may be filed in either court, understanding the jurisdictional requirements is crucial in eliminating unnecessary expenses and attorneys’ fees expended by moving a case to the appropriate jurisdiction.  

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If you have any further questions concerning the appropriate jurisdiction to file your family law action or would like the representation of an experienced attorney to assist you, contact our Managing Partner Joseph Maya directly via email at JMaya@Mayalaw.com or by telephone at (203) 221-3100 for a free consultation.