4. In an action for divorce or separation, or to annul a marriage or declare the nullity of a void marriage,
(a) where neither party is in default in appearance or pleading and the issue of custody is uncontested, the affidavit required by this section need not be submitted. In any other such action, such affidavit shall be submitted by the parties within twenty days after joinder of issue on the question of custody, or at the time application for a default judgment is made.
(b) 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 subdivision four of 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.
(c) Notwithstanding any other provision of law, the court shall waive disclosure of the present and all prior addresses of the child or a party upon notice to the adverse party when such relief is necessary for the physical or emotional safety of a child or a party.
5. Notwithstanding any other provision of law, in any custody proceeding, the court shall waive disclosure of the present or a prior address of the child or a party when such relief is necessary for the physical or emotional safety of a child or a party. Application for an order waiving disclosure of the present or a prior address of the child or a party shall be on notice to all other parties, who shall have an opportunity to be heard. Provided, however, that in no case shall the address of a residential program for victims of domestic violence, as defined in subdivision four of section four hundred fifty-nine-a of the social services law, be disclosed.
Sec. 75-k. Additional parties.
If the court learns from information furnished by the parties pursuant to section seventy-five-j of this article, or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child, it shall order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his joinder as a party. If the person joined as a party is outside this state he shall be served with process or otherwise notified in accordance with section seventy-five-f of this article.
Sec. 75-l. Appearance of parties and the child.
1. The court may order any party to the proceeding who is in the state to appear personally before the court. If that party has physical custody of the child the court may order that he appear personally with the child.
2. If a party to the proceeding whose presence is desired by the court is outside the state with or without the child the court may order that the notice given under section seventy-five-f of this article include a statement directing that party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to that party.
3. If a party to the proceeding who is outside the state is directed to appear under subdivision two or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child if this is just and proper under the circumstances.
Sec. 75-m. Force and effect of custody decrees.
A custody decree rendered by a court of this state which had jurisdiction under section seventy-five-d of this article shall be binding upon all parties who have been personally served in this state or notified pursuant to section seventy-five-f of this article or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to these parties the custody decree is conclusive as to all issues of law and fact decided and as to the custody determination made unless and until that determination is modified pursuant to law, including the provisions of this article.
Sec. 75-n. Recognition of out-of-state custody decrees.
The courts of this state shall recognize and enforce an initial or modification decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with this article or which was made under factual circumstances meeting the jurisdictional standards of this article, so long as the decree has not been modified in accordance with jurisdictional standards substantially similar to those of this article.
Sec. 75-o. Modification of custody decree of another state.
1. If a court of another state has made a custody decree, a court of this state shall not modify that decree unless (1) it appears to the court of this state that the court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with this article or has declined to assume jurisdiction to modify the decree and (2) the court of this state has jurisdiction.
2. If a court of this state is authorized under subdivision one of this section and section seventy-five-i of this article to modify a custody decree of another state, it shall give due consideration to the transcript of the record and other documents of all previous proceedings submitted to it in accordance with section seventy-five-v of this article.
