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New York · Through 2026-09-11

N.Y. Const. art. VI, § 13: Family court established; composition; election and appointment of judges; jurisdiction

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Where this section sits in the code
  1. Constitution
  2. Article VI. Judiciary

§ 13. a. The family court of the state of New York is hereby

established. It shall consist of at least one judge in each county

outside the city of New York and such number of additional judges for

such counties as may be provided by law. Within the city of New York it

shall consist of such number of judges as may be provided by law. The

judges of the family court within the city of New York shall be

residents of such city and shall be appointed by the mayor of the city

of New York for terms of ten years. The judges of the family court

outside the city of New York, shall be chosen by the electors of the

counties wherein they reside for terms of ten years.

b. The family court shall have jurisdiction over the following classes

of actions and proceedings which shall be originated in such family

court in the manner provided by law: (1) the protection, treatment,

correction and commitment of those minors who are in need of the

exercise of the authority of the court because of circumstances of

neglect, delinquency or dependency, as the legislature may determine;

(2) the custody of minors except for custody incidental to actions and

proceedings for marital separation, divorce, annulment of marriage and

dissolution of marriage; (3) the adoption of persons; (4) the support of

dependents except for support incidental to actions and proceedings in

this state for marital separation, divorce, annulment of marriage or

dissolution of marriage; (5) the establishment of paternity; (6)

proceedings for conciliation of spouses; and (7) as may be provided by

law: the guardianship of the person of minors and, in conformity with

the provisions of section seven of this article, crimes and offenses by

or against minors or between spouses or between parent and child or

between members of the same family or household. Nothing in this section

shall be construed to abridge the authority or jurisdiction of courts to

appoint guardians in cases originating in those courts.

c. The family court shall also have jurisdiction to determine, with

the same powers possessed by the supreme court, the following matters

when referred to the family court from the supreme court: habeas corpus

proceedings for the determination of the custody of minors; and in

actions and proceedings for marital separation, divorce, annulment of

marriage and dissolution of marriage, applications to fix temporary or

permanent support and custody, or applications to enforce judgments and

orders of support and of custody, or applications to modify judgments

and orders of support and of custody which may be granted only upon the

showing to the family court that there has been a subsequent change of

circumstances and that modification is required.

d. The provisions of this section shall in no way limit or impair the

jurisdiction of the supreme court as set forth in section seven of this

article.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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