You must file in the child's Home State. Home State is defined in the Uniform Child Custody Jurisdiction and Enforcement Act as the state in which the child has lived with a parent or a person acting as a parent for at least six months immediatedly before you file a custody petition. If your grandchild has lived in New York with your son and his wife for at least the last six months, you must file in New York.
Answered on Apr 09th, 2013 at 3:32 PM