N.Y. Family Court Act § 652: Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court

§ 652. Jurisdiction over applications to fix custody in matrimonial

actions on referral from supreme court. (a) When referred from the

supreme court to the family court, the family court has jurisdiction to

determine, with the same powers possessed by the supreme court,

applications to fix temporary or permanent custody and applications to

modify judgments and orders of custody or visitation in actions and

proceedings for marital separation, divorce, annulment of marriage and

dissolution of marriage. Applications to modify judgments and orders of

custody may be granted by the family court under this section only upon

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

of circumstances and that modification is required.

(b) In the event no such referral has been made and unless the supreme

court provides in the order or judgment awarding custody or visitation

in an action for divorce, separation or annulment, that it may be

enforced or modified only in the supreme court, the family court may:

(i) determine an application to enforce the order or judgment awarding

custody or visitation, or (ii) determine an application to modify the

order or judgment awarding custody or visitation upon a showing that

there has been a subsequent change of circumstances and modification is

required.

(c) In any determination of an application pursuant to this section,

the family court shall have jurisdiction to determine such applications,

in accordance with subdivision one of section two hundred forty of the

domestic relations law, with the same powers possessed by the supreme

court, and the family court's disposition of any such application is an

order of the family court appealable only under article eleven of this

act.