Matter of Dean v. Sherron

Summary

The Appellate Division, Fourth Department, reversed the dismissal of a mother's custody petition for lack of jurisdiction and reinstated the petition. The court held that disputed factual issues concerning the child's stay in North Carolina and the mother's absence from New York required a hearing to determine whether New York was the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act.

Holdings

1. Family Court erred in dismissing the custody petition for lack of jurisdiction without holding a hearing because disputed facts existed concerning the child's home state and the six-month residency period.

Questions Presented

1. Whether Family Court properly dismissed the custody petition for lack of jurisdiction without holding a hearing concerning the child's home state.
2. Whether disputed facts regarding the child's stay in North Carolina, the alleged wrongful withholding by the father, and the mother's absence from New York required a factual hearing under Domestic Relations Law § 76.

Disposition

reversed_and_remanded