What is one way a court can obtain personal jurisdiction over an out-of-state parent?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

A court can obtain personal jurisdiction over an out-of-state parent through personal service on the parent. This means that if the parent is physically served with legal documents while they are present in the state, the court can claim jurisdiction over them. This principle is rooted in the idea that the court has the authority to compel an individual to participate in legal proceedings when they have been properly notified.

When a court exercises personal jurisdiction, it relies on the notion that the individual has sufficient connections to the state, and serving them personally is one of the clearest ways to establish such a connection. In family law matters, where issues concerning custody, visitation, and support often arise, the ability to serve documents personally is crucial for ensuring that the parent can be held accountable within the state’s legal framework.

Other options, while they may seem plausible, do not provide a definitive means for establishing personal jurisdiction. For instance, mere residence in the state by itself does not automatically confer jurisdiction over an out-of-state parent unless specific legal criteria or residency requirements are met. Presence during the child's birth does not guarantee ongoing jurisdiction unless there are further legal ties established, while having relatives in the state does not provide sufficient grounds for jurisdiction absent other contacts with the state. Thus, personal service remains

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy