“Is My Present Custody Order Voided Because Dad Is Filing For A Modification to Change The Plan but In Another State?”

Q: “We finalized our joint custody agreement in the start of 2022, last week I was served papers because dad is requesting to move with the kids. The paperwork is out of state. It has only been six months since our order went into effect, can he now request permission to relocate? I find it insane that he spent 2yrs in court fighting for full sole custody gets shot down by the appointed referee and now is requesting full residential in another state. This is clearly not done in good faith. While going through the initial custody case he was engaged and made it clear they planned to purchase a home but never disclosed it would be out of state. We have 50/50 visitation which he agreed to and now wants to change it. If the final order is in the Bronx, why do I have to appear in court out of state.”

A: “First, his mere filing of an application does not serve to “void” or modify the prior order – only a Judge can do that. Second, pursuant to UCCJEA, the state which issued the original custody order retains “continuing & exclusive” jurisdiction over all subsequent custody/visitation filing, so long as 1 parent remains living in that jurisdiction. As such, while you may need to retain an attorney in the other state, it would only be for the purpose of filing a motion to dismiss based on lack of jurisdiction. Schedule a consult with a Bronx Family Law Attorney for a full assessment.”