In a recent third department case, the court found that New York Family Court had jurisdiction over a custody case even though the child resided half the year in California.  There was a family court Order in June 2016 whereby the parents were granted legal and physical custody with the child spending half the year with each parent.  The Order further provided that by June 2020, if they couldn’t decide where the child would go to kindergarten, then either party could petition the court for modification.  In July 2022, after the parties could not come to an agreement, the father commenced a modification proceeding.  Following a hearing, the court granted the father primary physical custody and awarded the mother liberal parenting time in New York, an extended period in California during the summer and certain rotating holidays.  The mother argued that New York lacked jurisdiction; however, the court found that there was significant contact with the father and the child to New York, and also, I’m sure because it was a New York court order, the court found that it held jurisdiction. Matter of Joseph II v. Brandi J.J., 532509 November 23.

  The interesting thing to note about this case is that split custody when you do not reside in close proximity is very problematic once the child becomes older and needs to attend school..  Unless there is some kind of arrangement where the child is in school for 6 months in one school and 6 months in another school, which is very difficult for the child and also for school.  I had a case like this and the parents tirelessly worked with the School districts.  This also happens if people relocate and there is a long driving distance of each other and expect to split the week or do week to week or month to month. This is difficult because the child needs to go to school, and  attend certain activities, whether it be CCD, extracurricular activities, certain events, and they will need to establish stability and friends in their community. This can’t be done with the parents do not live in close proximity. We at the DePalo law firm are very cognizant of this and we will advise you and draft parenting agreements which will protect you and your children so you can coparent!