Jackson v. King

Appellate Division of the Supreme Court of New York

Jackson v. King

185 A.D.2d 668, 587 N.Y.S.2d 878, 1992 N.Y. App. Div. LEXIS 9207

Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1992·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Family Court was correct in holding that Domestic Relations Law § 75-n and the Uniform Child Custody Jurisdiction Act require that full faith and credit be accorded the Texas judgment awarding custody of the child to petitioner. Because no jurisdictional issue has been raised concerning the validity of the Texas judgment, and because petitioner still resides in Texas, we are without jurisdiction to modify that custody determination (see, 28 USC § 1738A; Capobianco v Willis, 171 AD2d 834, 835). (Appeal from Order of Erie County Family Court, Honan, J.—Custody.) Present—Denman, P. J., Pine, Balio, Lawton and Doerr, JJ.

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Order unanimously affirmed without costs. Memorandum: Family Court was correct in holding that Domestic Relations Law § 75-n and the Uniform Child Custody Jurisdiction Act require that full faith and credit be accorded the Texas judgment awarding custody of the child to petitioner. Because no jurisdictional issue has been raised concerning the validity of the Texas judgment, and because petitioner still resides in Texas, we are without jurisdiction to modify that custody determination (see, 28 USC § 1738A; Capobianco v Willis, 171 AD2d 834, 835). (Appeal from Order of Erie County Family Court, Honan, J.—Custody.) Present—Denman, P. J., Pine, Balio, Lawton and Doerr, JJ.

Jackson v. King, 185 A.D.2d 668, 587 N.Y.S.2d 878, 1992 N.Y. App. Div. LEXIS 9207 (N.Y. Ct. App. 1992).

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Opinion

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