N.Y. FCT Law § 651 — New York Code / Act FCT / Article 6 / Part 3 / Section 651
Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors
Status: in_force

§ 651. Jurisdiction over habeas corpus proceedings and petitions for\ncustody and visitation of minors. (a) When referred from the supreme\ncourt or county court to the family court, the family court has\njurisdiction to determine, in accordance with subdivisions one and one-c\nof section two hundred forty of the domestic relations law and with the\nsame powers possessed by the supreme court in addition to its own\npowers, habeas corpus proceedings and proceedings brought by petition\nand order to show cause, for the determination of the custody or\nvisitation of minors.\n  (b) When initiated in the family court, the family court has\njurisdiction to determine, in accordance with subdivision one of section\ntwo hundred forty of the domestic relations law and with the same powers\npossessed by the supreme court in addition to its own powers, habeas\ncorpus proceedings and proceedings brought by petition and order to show\ncause, for the determination of the custody or visitation of minors,\nincluding applications by a grandparent or grandparents for visitation\nor custody rights pursuant to section seventy-two or two hundred forty\nof the domestic relations law.\n  (c) When initiated in the family court pursuant to a petition under\npart eight of article ten of this act or section three hundred\nfifty-eight-a of the social services law, the family court has\njurisdiction to enforce or modify orders or judgments of the supreme\ncourt relating to the visitation of minors in foster care,\nnotwithstanding any limitation contained in subdivision (b) of section\nfour hundred sixty-seven of this act.\n  (c-1) Where a proceeding filed pursuant to article ten or ten-A of\nthis act is pending at the same time as a proceeding brought in the\nfamily court pursuant to this article, the court presiding over the\nproceeding under article ten or ten-A of this act may jointly hear the\nhearing on the custody and visitation petition under this article and\nthe dispositional hearing on the petition under article ten or the\npermanency hearing under article ten-A of this act; provided, however,\nthe court must determine the custody and visitation petition in\naccordance with the terms of this article.\n  (d) With respect to applications by a grandparent or grandparents for\nvisitation or custody rights, made pursuant to section seventy-two or\ntwo hundred forty of the domestic relations law, with a child remanded\nor placed in the care of a person, official, agency or institution\npursuant to the provisions of article ten of this act, the applicant, in\nsuch manner as the court shall prescribe, shall serve a copy of the\napplication upon the social services official having care and custody of\nsuch child, and the child's attorney, who shall be afforded an\nopportunity to be heard thereon.\n  (e) 1. Permanent and initial temporary orders of custody or\nvisitation.  Prior to the issuance of any permanent or initial temporary\norder of custody or visitation, the court shall conduct a review of the\ndecisions and reports listed in paragraph three of this subdivision.\n  2. Successive temporary orders of custody or visitation. Prior to the\nissuance of any successive temporary order of custody or visitation, the\ncourt shall conduct a review of the decisions and reports listed in\nparagraph three of this subdivision, unless such a review has been\nconducted within ninety days prior to the issuance of such order.\n  3. Decisions and reports for review. The court shall conduct a review\nof the following:\n  (i) related decisions in court proceedings initiated pursuant to\narticle ten of this act, and all warrants issued under this act; and\n  (ii) reports of the statewide computerized registry of orders of\nprotection established and maintained pursuant to section two hundred\ntwenty-one-a of the executive law, and reports of the sex offender\nregistry established and maintained pursuant to section one hundred\nsixty-eight-b of the correction law.\n  4. Notifying counsel and issuing orders. Upon consideration of\ndecisions pursuant to article ten of this act, and registry reports and\nnotifying counsel involved in the proceeding, or in the event of a\nself-represented party, notifying such party of the results thereof,\nincluding any court appointed attorney for children, the court may issue\na temporary, successive temporary or final order of custody or\nvisitation.\n  5. Temporary emergency order. Notwithstanding any other provision of\nthe law, upon emergency situations, including computer malfunctions, to\nserve the best interest of the child, the court may issue a temporary\nemergency order for custody or visitation in the event that it is not\npossible to timely review decisions and reports on registries as\nrequired pursuant to paragraph three of this subdivision.\n  6. After issuing a temporary emergency order. After issuing a\ntemporary emergency order of custody or visitation, the court shall\nconduct reviews of the decisions and reports on registries as required\npursuant to paragraph three of this subdivision within twenty-four hours\nof the issuance of such temporary emergency order. Should such\ntwenty-four hour period fall on a day when court is not in session, then\nthe required reviews shall take place the next day the court is in\nsession. Upon reviewing decisions and reports the court shall notify\nassociated counsel, self-represented parties and attorneys for children\npursuant to paragraph four of this subdivision and may issue temporary\nor permanent custody or visitation orders.\n  7. Feasibility study. The commissioner of the office of children and\nfamily services, in conjunction with the office of court administration,\nis hereby authorized and directed to examine, study, evaluate and make\nrecommendations concerning the feasibility of the utilization of\ncomputers in family courts which are connected to the statewide central\nregister of child abuse and maltreatment established and maintained\npursuant to section four hundred twenty-two of the social services law,\nas a means of providing family courts with information regarding parties\nrequesting orders of custody or visitation. Such commissioner shall make\na preliminary report to the governor and the legislature of findings,\nconclusions and recommendations not later than January thirty-first, two\nthousand nine, and a final report of findings, conclusions and\nrecommendations not later than June first, two thousand nine, and shall\nsubmit with the reports such legislative proposals as are deemed\nnecessary to implement the commissioner's recommendations.\n  (f) Military service by parent; effect on child custody orders. 1.\nDuring the period of time that a parent is activated, deployed or\ntemporarily assigned to military service, such that the parent's ability\nto continue as a joint caretaker or the primary caretaker of a minor\nchild is materially affected by such military service, any orders issued\npursuant to this section, based on the fact that the parent is\nactivated, deployed or temporarily assigned to military service, which\nwould materially affect or change a previous judgment or order regarding\ncustody of that parent's child or children as such judgment or order\nexisted on the date the parent was activated, deployed, or temporarily\nassigned to military service, shall be subject to review pursuant to\nparagraph three of this subdivision. Any relevant provisions of the\nService Member's Civil Relief Act shall apply to all proceedings\ngoverned by this section.\n  2. During such period, the court may enter an order to modify custody\nif there is clear and convincing evidence that the modification is in\nthe best interests of the child. An attorney for the child shall be\nappointed in all cases where a modification is sought during such\nmilitary service. Such order shall be subject to review pursuant to\nparagraph three of this subdivision. When entering an order pursuant to\nthis section, the court shall consider and provide for, if feasible and\nif in the best interests of the child, contact between the military\nservice member and his or her child including, but not limited to,\nelectronic communication by e-mail, webcam, telephone, or other\navailable means. During the period of the parent's leave from military\nservice, the court shall consider the best interests of the child when\nestablishing a parenting schedule, including visiting and other contact.\nFor such purpose, a "leave from military service" shall be a period of\nnot more than three months.\n  3. Unless the parties have otherwise stipulated or agreed, if an order\nis issued pursuant to this subdivision, the return of the parent from\nactive military service, deployment or temporary assignment shall be\nconsidered a substantial change in circumstances. Upon the request of\neither parent, the court shall determine on the basis of the child's\nbest interests whether the custody judgment or order previously in\neffect should be modified.\n  4. This subdivision shall not apply to assignments to permanent duty\nstations or permanent changes of station.\n