Within the context of a Family Court proceeding, John Zippo alleged that Jennifer Zippo was in breach of a custody agreement and order which provided the John would see his child three days each year at the facility where he was incarcerated.
Interestingly, back in 2000, Jennifer and the child left the New York and moved to California and maintained no significant connections or nexus with New York, other than for purposes of visiting John.
Faced with those facts, a Saratoga County Family Court judge determined that the court no longer maintained jurisdiction over the dispute and dismissed John's requests for judicial intervention.
On appeal, the Appellate Division, Third Department, agreed that there was no longer a sufficient basis upon which to maintain control of the case, particularly in view of the governing statutory authority which mandates that jurisdiction end when "neither the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships."
Since New York was not the child's "home state," and there was no local evidence as to the "child's care, protection, training and personal relationships," the AD3 concluded that the Family Count lacked jurisdiction and the Superior Court of California is where the dispute belonged.
So, as far as the New York courts was concerned, John got zippo!
For a copy of the Appellate Division's decision, please use this link: Zippo v. Zippo