N.Y. Domestic Relations Law § 76-h: Information to be submitted to court

§ 76-h. Information to be submitted to court. 1. Subject to

subdivision five of this section, in a child custody proceeding, each

party, in its first pleading or in an attached affidavit, shall give

information, if reasonably ascertainable, under oath as to the child's

present address or whereabouts, the places where the child has lived

during the last five years, and the names and present addresses of the

persons with whom the child has lived during that period. The pleading

or affidavit must state whether the party:

(a) has participated, as a party or witness or in any other capacity,

in any other proceeding concerning the custody of or visitation with the

child and, if so, identify the court, the case number, and the date of

the child custody determination, if any;

(b) knows of any proceeding that could affect the current proceeding,

including proceedings for enforcement and proceedings relating to

domestic violence, protective orders, termination of parental rights,

and adoptions and, if so, identify the court, the case number, and the

nature of the proceeding; and

(c) knows the names and addresses of any person not a party to the

proceeding who has physical custody of the child or claims rights of

legal custody or physical custody of, or visitation with, the child and,

if so, the names and addresses of those persons.

2. If the information required by subdivision one of this section is

not furnished, the court, upon motion of a party or its own motion, may

stay the proceeding until the information is furnished.

3. If the declaration as to any of the items described in paragraphs

(a) through (c) of subdivision one of this section is in the

affirmative, the declarant shall give additional information under oath

as required by the court. The court may examine the parties under oath

as to details of the information furnished and other matters pertinent

to the court's jurisdiction and the disposition of the case.

4. Each party has a continuing duty to inform the court of any

proceeding in this or any other state that could affect the current

proceeding.

5. Upon a finding, which may be made ex parte, that the health or

safety of a party or child would be unreasonably put at risk by the

disclosure of identifying information, or if an existing order so

provides, a tribunal shall order that the address of the child or party

or other identifying information not be disclosed in a pleading or other

document filed in a proceeding under this article. Notwithstanding any

other provision of law, if the party seeking custody of the child has

resided or resides in a residential program for victims of domestic

violence as defined in section four hundred fifty-nine-a of the social

services law, the present address of the child and the present address

of the party seeking custody and the address of the residential program

for victims of domestic violence shall not be revealed. Upon making an

order that the address of the child or party or other identifying

information not be disclosed, the court shall designate the clerk of the

court or such other disinterested person as the agent for service of

process for the party whose address is to remain confidential and shall

notify the adverse party of such designation in writing. The clerk or

disinterested person designated by the court shall, when served with

process on behalf of the party whose address is to remain confidential,

promptly notify such party whose address is to remain confidential and

forward such process to him or her. The party whose address is to remain

confidential shall inform the clerk of the court or disinterested person

designated by the court of any change in address for purposes of receipt

of service of process.