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Family Law: termination of parental rights, rights of the child, child support. (USA)
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Question

My child is in Russia. He has lived there with my ex for longer than 6 months. I am a citizen and resident of New York. Can i get sole custody of my son in New York?

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Answer

New York does not have jurisdiction over a child who is not a resident of New York. If the child was removed from New York without your consent, New York retains jurisdiction over such child for several months. However if the child stayed in Russia more than 6 months, then you cannot seek any relief in New York with respect to the child.

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Karina Duvall
Divorce
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