Out of State Parental Rights

Kingston Child Custody Attorney

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Parental kidnapping is on the rise in New York. If a parent has a child for visitation and decides to take them to another state, the parent with primary physical custody should not have to go to the other state to enforce their custody rights. I am child custody lawyer, Sarah Rakov, and I am here to tell you that you do not have to travel to have your child returned to you. Contact Kingston, New York out of state child custody lawyer, Sarah Rakov for a free initial phone consultation.

Out of State Custody Laws

According to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), if New York is the "home state" of the child, a New York court can make child custody determinations, including orders requiring a parent to return the child to the custodial parent, even if the child is not physically present in New York.

New York is the "home state" for purposes of the UCCJEA if the child has lived in New York for at least 6 months before the start of the child custody proceeding.

What does that mean to me?

Essentially, this means that if the other parent has taken your child to another state after the child has lived with you for over 6 months, you do not need to go to that state to have custody enforced. This could be expensive and time consuming to travel. I can file a petition with the court which will order the other parent to return your child. If the parent fails to do so, they will be violating a court order.

Contact Me

If you need assistance enforcing child custody from out of state, contact New York out of state child custody attorney, Sarah Rakov today for a free initial phone consultation.

Sarah E. Rakov, P.C.
Effective Communication - Personal Representation