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This entry was published on 2014-09-22
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SECTION 76-H
Information to be submitted to court
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 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.