In a child custody proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Kings County (Chun, J.), dated July 1, 2004, which dismissed the petition to modify a prior order of custody based upon lack of jurisdiction.
Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Kangs County, for further proceedings consistent herewith.
Since the initial child custody determination in this case was
As the record does not indicate that the Family Court considered any of these questions, we reinstate the petition and remit the matter to the Family Court, Kings County, for a new determination of the jurisdictional issue, and for further proceedings consistent herewith. H. Miller, J.P., Cozier, Ritter and Fisher, JJ., concur.
