Matter of Parco v. Parco

Summary

The Appellate Division, Second Department, reversed the Family Court's sua sponte dismissal of the mother's petition to modify custody. The court held that the Family Court failed to determine its jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, including home-state, emergency-jurisdiction, concurrent-proceeding, and inconvenient-forum considerations. The petition was reinstated and the matter remitted for further proceedings.

Holdings

1. The Family Court erred in dismissing the petition without determining whether it had jurisdiction under the UCCJEA. The petition therefore had to be reinstated and the matter remitted for further proceedings.
2. If the Family Court determined that New York was an inconvenient forum and Florida was the more appropriate forum, it was required to consider the statutory factors and stay the proceeding on the condition that a custody proceeding be promptly commenced in Florida or another designated state.

Questions Presented

1. Whether the Family Court could sua sponte dismiss the mother's custody-modification petition without determining whether New York had jurisdiction under the UCCJEA.
2. Whether the Family Court was required to determine New York's home-state jurisdiction, potential temporary emergency jurisdiction, the existence of a custody proceeding in another state, and any inconvenient-forum issues before dismissing the petition.

Disposition

reversed_and_remanded