This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
Yonkers New York Objection to the Registration of Out-of-State Child Custody or Visitation Order McCreaEA In Yonkers, New York, individuals may file an objection to the registration of an out-of-state child custody or visitation order. This objection is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) and seeks to challenge the recognition and enforcement of such orders in the state of New York. Here is a detailed description and explanation of the various types of objections to the registration under the McCrea: 1. Lack of Jurisdiction: One common objection is based on the claim that the court issuing the original custody or visitation order did not have proper jurisdiction over the case. Yonkers residents may argue that the foreign court lacked sufficient connections to the child or the parties involved, and thus its order should not be recognized or enforced in New York. 2. Violation of Due Process: Another objection may be raised if the out-of-state order was issued without proper notice, opportunity to be heard, or violated any constitutional due process rights. Yonkers parents may argue that they were not given a fair chance to present their case in the foreign court, thereby rendering the order invalid in New York. 3. Modification Request: Individuals may also object to registration if they seek to modify the out-of-state custody or visitation order. Yonkers residents may argue that a change in circumstances or the best interests of the child necessitates alterations to the original order. This objection may be filed concurrently with a request for modification. 4. Inconsistency with Local Laws: Yonkers parents may object to the registration if they believe that the out-of-state order is inconsistent with New York state laws or public policy. They can argue that the order conflicts with specific provisions of the New York Family Court Act or other relevant legislation, requiring non-recognition or enforcement of the order in Yonkers. 5. Mistake of Fact: Another type of objection may be raised if there is evidence of a mistake, such as a clerical error, fraud, or misrepresentation in the out-of-state order. This objection alleges that the error significantly impacts the rights of the parties involved and may warrant non-registration or modification of the order. It is important to note that filing an objection to the registration of an out-of-state child custody or visitation order in Yonkers requires adherence to specific procedural requirements and deadlines. Seeking legal guidance from an experienced family law attorney familiar with the McCrea and local regulations is highly recommended navigating the complexities of this process effectively.
