This text of New York § 77-D (Registration of child custody determination) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 77-d. Registration of child custody determination.
1.A child\ncustody determination issued by a court of another state may be\nregistered in this state, with or without a simultaneous request for\nenforcement, by sending to the appropriate court in this state;\n (a) a letter or other document requesting registration;\n (b) two copies, including one certified copy, of the determination\nsought to be registered, and a statement under penalty of perjury that\nto the best of the knowledge and belief of the person seeking\nregistration the order has not been modified; and\n (c) except as otherwise provided in section seventy-six-h of this\narticle, the name and address of the person seeking registration and any\nparent or person acting as a parent who has been awarded custody or\nvisita
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§ 77-d. Registration of child custody determination. 1. A child\ncustody determination issued by a court of another state may be\nregistered in this state, with or without a simultaneous request for\nenforcement, by sending to the appropriate court in this state;\n (a) a letter or other document requesting registration;\n (b) two copies, including one certified copy, of the determination\nsought to be registered, and a statement under penalty of perjury that\nto the best of the knowledge and belief of the person seeking\nregistration the order has not been modified; and\n (c) except as otherwise provided in section seventy-six-h of this\narticle, the name and address of the person seeking registration and any\nparent or person acting as a parent who has been awarded custody or\nvisitation in the child custody determination sought to be registered.\n 2. On receipt of the documents required by subdivision one of this\nsection, the registering court shall:\n (a) cause the determination to be filed as a foreign judgment,\ntogether with one copy of any accompanying documents and information,\nregardless of their form; and\n (b) serve notice upon the persons named pursuant to subdivision one of\nthis section and provide them with an opportunity to contest the\nregistration in accordance with this section.\n 3. The notice required by paragraph (b) of subdivision two of this\nsection must state that:\n (a) a registered determination is enforceable as of the date of the\nregistration in the same manner as a determination issued by a court of\nthis state;\n (b) a hearing to contest the validity of the registered determination\nmust be requested within twenty days after service of notice; and\n (c) failure to contest the registration will result in confirmation of\nthe child custody determination and preclude further contest of that\ndetermination with respect to any matter that could have been asserted.\n 4. A person seeking to contest the validity of a registered order must\nrequest a hearing within twenty days after service of the notice. At\nthat hearing, the court shall confirm the registered order unless the\nperson contesting registration establishes that:\n (a) the issuing court did not have jurisdiction under title two of\nthis article;\n (b) the child custody determination sought to be registered has been\nvacated, stayed, or modified by a court having jurisdiction to do so\nunder title two of this article; or\n (c) the person contesting registration was entitled to notice, but\nnotice was not given in accordance with the standards of section\nseventy-five-g of this article, in the proceedings before the court that\nissued the order for which registration is sought.\n 5. If a timely request for a hearing to contest the validity of the\nregistration is not made, the registration is confirmed as a matter of\nlaw and the person requesting registration and all persons served must\nbe notified of the confirmation.\n 6. Confirmation of a registered order, whether by operation of law or\nafter notice and hearing, precludes further contest of the order with\nrespect to any matter that could have been asserted at the time of\nregistration.\n