New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 467. Referral by supreme court of applications to fix custody in
action for divorce, separation or annulment. (a) In an action for
divorce, separation or annulment, the supreme court may refer to the
family court the determination of applications to fix temporary or
permanent custody or visitation, applications to enforce judgments and
orders of custody or visitation, and applications to modify judgments
and orders of custody which modification may be granted only upon a
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.
