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Bahr v. Bahr

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1983
91 A.D.2d 1010 (N.Y. App. Div. 1983)

Summary

In Bahr v Bahr (91 A.D.2d 1010 [2d Dept 1983], lv denied 60 N.Y.2d 640), the court affirmed Family Court's dismissal of a custody petition even though the New York court had jurisdiction based on the child's residence in New York for over a year.

Summary of this case from Matter of Olivia H. v. John H

Opinion

January 17, 1983


In proceedings involving child custody and visitation, the petitioner appeals from an order of the Family Court, Westchester County (Scancarelli, J.), entered May 8, 1981, which granted the respondent's motion to dismiss the petitions for lack of jurisdiction. Order affirmed, without costs or disbursements. At the time the order under review was entered, respondent and the child in question had lived in New York for more than a year and as a result the Family Court had subject matter jurisdiction. However, under the current circumstances, this court will take judicial notice of the facts as they presently exist. It is uncontested that respondent and the child have lived in Connecticut since June, 1981 and that petitioner has lived in New York since that time. Thus, Connecticut is now the "home State" of the child. In addition, the Connecticut courts have continued to assert jurisdiction over the matter since the time that the original custody and visitation decrees were entered. As a result, the Family Court, Westchester County, must continue to decline jurisdiction over the matter and defer to the Connecticut courts for a resolution of any custody and visitation controversies. Damiani, J.P., Lazer, Mangano and Gibbons, JJ., concur. [ 108 Misc.2d 920.]


Summaries of

Bahr v. Bahr

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1983
91 A.D.2d 1010 (N.Y. App. Div. 1983)

In Bahr v Bahr (91 A.D.2d 1010 [2d Dept 1983], lv denied 60 N.Y.2d 640), the court affirmed Family Court's dismissal of a custody petition even though the New York court had jurisdiction based on the child's residence in New York for over a year.

Summary of this case from Matter of Olivia H. v. John H
Case details for

Bahr v. Bahr

Case Details

Full title:WILLIAM H. BAHR, Appellant, v. CYNTHIA BAHR, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 17, 1983

Citations

91 A.D.2d 1010 (N.Y. App. Div. 1983)

Citing Cases

Matter of Olivia H. v. John H

The court stated that it must defer to the Connecticut court until Connecticut declines continuing…