N.Y. Domestic Relations Law § 76-c: Temporary emergency jurisdiction

§ 76-c. Temporary emergency jurisdiction. 1. A court of this state has

temporary emergency jurisdiction if the child is present in this state

and the child has been abandoned or it is necessary in an emergency to

protect the child, a sibling or parent of the child.

2. If there is no previous child custody determination that is

entitled to be enforced under this article and a child custody

proceeding has not been commenced in a court of a state having

jurisdiction under sections seventy-six through seventy-six-b of this

title, a child custody determination made under this section remains in

effect until an order is obtained from a court of a state having

jurisdiction under sections seventy-six through seventy-six-b of this

title. Where the child who is the subject of a child custody

determination under this section is in imminent risk of harm, any order

issued under this section shall remain in effect until a court of a

state having jurisdiction under sections seventy-six through

seventy-six-b of this title has taken steps to assure the protection of

the child. If a child custody proceeding has not been or is not

commenced in a court of a state having jurisdiction under sections

seventy-six through seventy-six-b of this title, a child custody

determination made under this section becomes a final determination, if

it so provides and this state becomes the home state of the child.

3. If there is a previous child custody determination that is entitled

to be enforced under this article, or a child custody proceeding has

been commenced in a court of a state having jurisdiction under sections

seventy-six through seventy-six-b of this title, any order issued by a

court of this state under this section must specify in the order a

period that the court considers adequate to allow the person seeking an

order to obtain an order from the state having jurisdiction under

sections seventy-six through seventy-six-b of this title. The order

issued in this state remains in effect until an order is obtained from

the other state within the period specified or the period expires,

provided, however, that where the child who is the subject of a child

custody determination under this section is in imminent risk of harm,

any order issued under this section shall remain in effect until a court

of a state having jurisdiction under sections seventy-six through

seventy-six-b of this title has taken steps to assure the protection of

the child.

4. A court of this state which has been asked to make a child custody

determination under this section, upon being informed that a child

custody proceeding has been commenced in, or a child custody

determination has been made by, a court of a state having jurisdiction

under sections seventy-six through seventy-six-b of this title, shall

immediately communicate with the other court. A court of this state

which is exercising jurisdiction pursuant to sections seventy-six

through seventy-six-b of this title, upon being informed that a child

custody proceeding has been commenced in, or a child custody

determination has been made by, a court of another state under a statute

similar to this section shall immediately communicate with the court of

that state to resolve the emergency, protect the safety of the parties

and the child, and determine a period for the duration of the temporary

order.