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Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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To Kirk Adams: (Re: Julie & Jerry Jr.) (Only this atty. should

Resolved Question:

To Kirk Adams: (Re: Julie & Jerry Jr.) (Only this atty. should respond as he is familiar with the full background. If Mr. Adams is unavailable now, he can reach me later or tomorrow.)

Dear Mr. Adams:

Julie has mentioned some things to me which concerns her, which maybe weren't clear in my original question. Her grandmother, Mary, was given the status by NY Family Ct., as best as she can recall, of "kinship foster parent", of Jerry Jr. and NY State pays her monthly stipend of $1,700. Also, Mary had problems enrolling Jerry Jr. in school because according to school officials her type of "custody" was insufficient authority to do so.

But Jerry Jr. is present in Ohio. Will an Ohio Ct. look at all this & just bounce a petition out due to lack of jurisdiction, or take jurisdiction - or at least offer some sort of temporary relief?
Thanks for your help,
Jonathan
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.

Kirk Adams : Hi - thanks for looking me up again.
Kirk Adams : Tell me this - - how long has Jerry, Jr. been in Ohio?
Customer:

Under 2 months - I should've mentioned that. (By the way, I have had frequent system problems with JustAnswer - if I lose you I'll get back to you at some point.)

Kirk Adams : Ok. Thanks.
Kirk Adams : If he's only been there for 2 months, then he would still be a legal residence of NY - - that's likely why there is trouble because he hasn't been there long enough (6 months is the minimum the establish custody).
Customer:

Do you think then it would be useless to file anything in Ohio - requesting some sort of interlocutory order so that Julie could take him back to NY sooner rather than later and then file with NY - or should she just file with NY Family Ct. directly?

Kirk Adams : The Ohio court may refuse to hear the matter until it has jurisdiction over the child - - after 6 months.
Kirk Adams : Since jurisdiction should still be in NY, it would likely be better to file in NY Family Court and get an order, and then file that order in Ohio (under the Full Faith and Credit Clause of the US Constitution) and enforce it there to recover the child.
Customer:

Thank you very much - best regards, Jonathan

Roger, Attorney
Category: Family Law
Satisfied Customers: 25994
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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