2006 New York Code - Family court established; composition; election and appointment of judges; jurisdiction.


 
    §  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.


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