New York Had Continuing Exclusive Jurisdiction Re: Custody of Child Living With Mother In Florida Eight Months Per Year

Family Court had continuing jurisdiction over the custody of a child who had been living with mother in Florida.  The custody arrangement included four months per year with the father in New York:

…[T]he Family Court correctly determined that New York had exclusive, continuing jurisdiction to determine custody pursuant to Domestic Relations Law § 76-a. It is undisputed that the initial child custody determination was rendered in New York, and there is ” ample evidence of a significant connection by the child with this state for Family Court to retain jurisdiction'” (…see Domestic Relations Law § 76—a[1][a]). The father’s extensive parenting time took place in New York, the child has relationships with a half-sibling and extended family in New York, and the father has furthered the child’s education and attended to her medical care in New York … . Accordingly, the court correctly concluded that the child has a substantial connection to New York, that there was adequate evidence in this state regarding her present and future well-being, and that jurisdiction in the courts of this state is proper (see Domestic Relations Law § 76-a[1]). Matter of Seminara v Seminara, 2013 NY Slip Op 07978, 2nd Dept 11-27-13