reglab/statecodes huggingface dataset:
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 15-B - Temporary Provisions Authorizing Issuance of Marriage License, Upon Court Order, Without Consent of a Parent in Armed Forces of United States, Merchan

* §  15-b.  Temporary  provisions  authorizing  issuance  of  marriage
  license, upon court order, without consent of a parent in  armed  forces
  of United States, merchant marine and allied forces, and absent from the
  United States. Notwithstanding the provisions of section fifteen of this
  chapter  or  any other provision of law, the written consent of a parent
  of a minor to the marriage of such minor may be dispensed with by  order
  of  a  judge or justice of the supreme court of this state or the county
  judge of the county in which the minor resides or, in case the minor  be
  a  woman between fourteen and sixteen years of age, of such a justice of
  the supreme court or the county judge or judge of the  children's  court
  of  the  county  in which such woman resides, upon proof satisfactory to
  such judge or justice that it is impracticable to require  such  consent
  because  such  parent  is  a  member  of  the armed forces of the United
  States, merchant marine and allied forces, and is absent from the United
  States, and any such judge or justice is hereby authorized to make  such
  an  order  if  satisfied of the existence of such circumstances and that
  the public interest will not be injuriously affected by dispensing  with
  such  consent;  provided,  however,  that no such order shall be granted
  except upon application therefor both by the minor whose  parent  is  so
  absent and by the other parent, or if the other parent be dead or his or
  her  consent to such marriage be unnecessary for any reason, then by the
  person under whose care or government the minor may be. Upon the  filing
  of such an order with the town or city clerk, he shall issue the license
  without  the  written  consent  of  the  parent whose consent is ordered
  dispensed with therein,  provided  all  the  other  provisions  of  this
  chapter  in  connection  with  the  issuance of the license are complied
  with. The provisions of this section shall remain in  force  and  effect
  only until July first, nineteen hundred forty-seven.
* NB Expired July 1, 1947
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 16 - False Statements and Affidavits.

§  16.  False  statements  and affidavits. Any person who shall in any
  affidavit or statement required or provided for in this article wilfully
  and falsely swear in regard to any material fact as to the competency of
  any person for whose marriage the license in question or concerning  the
  procuring  or  issuing  of which such affidavit or statement may be made
  shall be deemed guilty of perjury and on  conviction  thereof  shall  be
  punished as provided by the statutes of this state.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 17 - Clergyman or Officer Violating Article; Penalty.

§  17.  Clergyman  or  officer  violating  article;  penalty.  If  any
  clergyman or other person authorized  by  the  laws  of  this  state  to
  perform  marriage ceremonies shall solemnize or presume to solemnize any
  marriage between any parties without a license being presented to him or
  them as herein provided or with knowledge that either party  is  legally
  incompetent  to contract matrimony as is provided for in this article he
  shall be guilty of a misdemeanor and  on  conviction  thereof  shall  be
  punished  by  a  fine  not  less  than  fifty dollars nor more than five
  hundred dollars or by imprisonment for a term not exceeding one year.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 18 - Clergymen or Officer, When Protected.

§  18.  Clergymen  or  officer,  when protected. Any such clergymen or
  officer as aforesaid to whom any such license duly issued may  come  and
  not  having  personal  knowledge  of  the  incompetency  of either party
  therein named to contract matrimony, may  lawfully  solemnize  matrimony
  between them.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 19-A - Marriages on Vessels; Reports and Records.

§  19-a.  Marriages on vessels; reports and records. The master, chief
  officer, ship's surgeon, or  the  company,  corporation,  charterer,  or
  person  having  the  management  and  control  of any vessel which shall
  arrive at the port of New York, shall report, in writing,  to  the  city
  clerk  of  the  city  of New York within three days after the arrival of
  such vessel the marriage of any resident of such city occurring  thereon
  at sea, and shall file with such clerk a transcript of the entry made in
  the log book of such vessel in respect to any such marriage.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 20 - Records to Be Kept by the State Department of Health and the City Clerk of the City of New York.

§  20.  Records  to  be kept by the state department of health and the
  city clerk of the city of New York. All original affidavits, statements,
  consents and licenses with certificates attached, and also  all  written
  contracts  of marriages outside of the city of New York shall be kept on
  file and properly indexed by the state department of  health,  and  such
  similar  evidences  of marriage in the city of New York shall be kept on
  file and properly indexed by the city clerk of the  city  of  New  York.
  They  shall  be  carefully  examined,  and if any such are incomplete or
  unsatisfactory the state commissioner of health and in the city  of  New
  York  the  city  clerk  shall  require  such  further  information to be
  supplied  as  may  be  necessary  to  make  the  record   complete   and
  satisfactory.  Whenever  it  is  claimed  that  a  mistake has been made
  through inadvertence in any  of  the  statements,  affidavits  or  other
  papers required by this section to be filed with the state department of
  health,  and  in  the city of New York with the city clerk's office, the
  state commissioner of health and in the city of New York the city  clerk
  may  file with the same, affidavits upon the part of the person claiming
  to be aggrieved by such mistake, showing the true facts and  the  reason
  for  the mistake and may make a note upon such original paper, statement
  or affidavit showing that a mistake is claimed to have been made and the
  nature thereof.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 20-A - Certified Transcripts of Records; State Commissioner of Health May Furnish.

§ 20-a. Certified transcripts of records; state commissioner of health
  may  furnish.  The  state commissioner of health or person authorized by
  him shall, upon request, supply to any applicant a certified  transcript
  of  any marriage registered under the provisions of this article, unless
  he is satisfied that the  same  does  not  appear  to  be  necessary  or
  required  for  judicial  or other proper purposes. Any transcript of the
  record of a marriage, when properly certified by the state  commissioner
  of  health  or  person  authorized  to act for him, shall be prima facie
  evidence in all courts and places of the facts therein stated.  For  any
  search  of  the  files  and  records  conducted  for authorized research
  purposes, the state commissioner of health shall be entitled to a fee of
  twenty dollars for each hour or fractional part of an hour  of  time  of
  search,  together with a fee of two dollars for each uncertified copy or
  abstract of such marriage record requested by the applicant,  said  fees
  to  be  paid by the applicant. Each applicant for a certified transcript
  of a marriage record shall remit to the state commissioner of  health  a
  fee of thirty dollars in payment for the search of the files and records
  and  the furnishing of a certified copy if such record is found or for a
  certification that a search discloses no record of a marriage.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 20-B - Certification of Marriage; State Commissioner of Health May Furnish.

§  20-b.  Certification  of marriage; state commissioner of health may
  furnish. 1. The state commissioner of health or person authorized by him
  shall, upon request, issue to  any  applicant  a  certification  of  any
  marriage  registered  under the provisions of this article, unless he is
  satisfied that the same does not appear to be necessary or required  for
  judicial  or  other  proper purposes. Any such certification of marriage
  made by such commissioner or person authorized to act for him  shall  be
  prima  facie  evidence  in  all  courts  and places of the facts therein
  stated.
2. Such certification shall contain  a  statement  of  the  respective
  names,  dates  and  places  of birth and places of the then residence of
  each of the parties to such marriage and the date and place thereof.
3. Each applicant for a certification of marriage shall remit  to  the
  commissioner  with  such  application a fee of thirty dollars in payment
  for the search of the files and  records  and  the  furnishing  of  such
  certification if a record thereof is found or for a certification that a
  search discloses no record of a marriage.
4.  The  federal agency in charge of vital statistics may obtain, at a
  fee acceptable to the commissioner, information  from  marriage  records
  for use solely as statistical data.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 20-C - Certification of Marriage; New Certificate in Case of Subsequent Change of Name or Gender.

§  20-c.  Certification  of  marriage;  new  certificate  in  case  of
  subsequent change of name or gender. 1. A new marriage certificate shall
  be issued by the town or city  clerk  where  the  marriage  license  and
  certificate was issued, upon receipt of proper proof of a change of name
  or  gender  designation.  Proper proof shall consist of: (a) a judgment,
  order or decree affirming a change of  name  or  gender  designation  of
  either   party   to   a  marriage;  (b)  an  amended  birth  certificate
  demonstrating a change of name or gender designation; (c) in the case of
  a  change  of  gender  designation,  a  notarized  affidavit  from   the
  individual  attesting to their change of gender designation; or (d) such
  other proof as may be established by the commissioner of health.
2. When a new marriage certificate is made pursuant to  this  section,
  the  town  or  city  clerk shall substitute such new certificate for the
  marriage certificate then on file, if any,  and  shall  send  the  state
  commissioner of health a digital copy of the new marriage certificate in
  a  format prescribed by the commissioner, with the exception of the city
  clerk of New York who shall retain their copy. The town  or  city  clerk
  shall  make  a copy of the new marriage certificate for the local record
  and hold the contents of the original marriage certificate  confidential
  along  with  all  supporting documentation, papers and copies pertaining
  thereto. It shall not be released or otherwise divulged except by  order
  of a court of competent jurisdiction.
3.  The  town  or city clerk shall be entitled to a fee of ten dollars
  for the amendment and certified copy  of  any  marriage  certificate  in
  accordance with the provisions of this section.
4.  The  state commissioner of health may, in their discretion, report
  to the attorney general any town or  city  clerk  that,  without  cause,
  fails  to  issue a new marriage certificate upon receipt of proper proof
  of a change of name  or  gender  designation  in  accordance  with  this
  section.  The attorney general shall thereupon, in the name of the state
  commissioner of health or the people of the state, institute such action
  or  proceeding  as  may  be necessary to compel the issuance of such new
  marriage certificate.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 21 - Forms and Books to Be Furnished.

§  21.  Forms  and  books  to  be  furnished.  The  proper  books  for
  registration,  blank  forms   for   marriage   licenses,   certificates,
  statements and affidavits and such other blanks as shall be necessary to
  comply  with  the  provisions  of this article, shall be prepared by the
  state department of health and shall be furnished by said department  at
  the expense of the state to the town and city clerks filing records with
  the  state  department of health in such quantities as their necessities
  shall require.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 22 - Penalty for Violation.

§  22. Penalty for violation. Any town or city clerk who shall violate
  any of the provisions of this article or shall fail to comply  therewith
  shall  be  deemed  guilty  of  a  misdemeanor  and  shall pay a fine not
  exceeding the sum of one hundred dollars on conviction thereof.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 23 - Supervision of and Inspection of Town and City Clerks' Records by State Commissioner of Health.

§  23.  Supervision of and inspection of town and city clerks' records
  by state commissioner of health. The registration and recording  of  all
  marriages outside the city of New York shall be under the supervision of
  the state commissioner of health. The commissioner, either personally or
  by  an accredited representative, may at any time inspect the record and
  index of marriage  licenses  issued  by  any  town  or  city  clerk  and
  promulgate  rules  and  regulations  for insuring complete registration.
  When he shall deem it necessary, he shall report cases of  violation  of
  any  of  the  provisions of this article to the district attorney of the
  county, with a statement of the facts and circumstances;  and  when  any
  such  case  is  reported to him by the state commissioner of health, the
  prosecuting attorney shall forthwith initiate and promptly follow up the
  necessary court proceedings against the person  or  persons  responsible
  for the alleged violation of law. Upon request of the state commissioner
  of  health,  the attorney-general shall assist in the enforcement of the
  provisions of this article.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 24 - Effect of Marriage on Legitimacy of Children.

§  24.  Effect  of  marriage  on  legitimacy  of  children. 1. A child
  heretofore or hereafter born of parents who prior or subsequent  to  the
  birth  of  such  child  shall  have  entered  into  a civil or religious
  marriage, or shall have consummated a  common-law  marriage  where  such
  marriage  is recognized as valid, in the manner authorized by the law of
  the place where such marriage takes place, is the  legitimate  child  of
  both  birth  parents  notwithstanding  that  such  marriage  is  void or
  voidable or has been  or  shall  hereafter  be  annulled  or  judicially
  declared void.
2. Nothing herein contained shall be deemed to affect the construction
  of  any will or other instrument executed before the time this act shall
  take effect or any right or interest in  property  or  right  of  action
  vested  or  accrued  before  the  time this act shall take effect, or to
  limit the  operation  of  any  judicial  determination  heretofore  made
  containing express provision with respect to the legitimacy, maintenance
  or custody of any child, or to affect any adoption proceeding heretofore
  commenced,  or  limit  the effect of any order or orders entered in such
  adoption proceeding.
2023 New York Laws › DOM - Domestic Relations › Article 3 - Solemnization, Proof and Effect of Marriage › 25 - License, When to Be Obtained.

§  25.  License,  when  to be obtained. The provisions of this article
  pertaining to the granting of the licenses  before  a  marriage  can  be
  lawfully  celebrated  apply  to  all  persons  who  assume  the marriage
  relation in accordance with subdivision four of section eleven  of  this
  chapter.  Nothing in this article contained shall be construed to render
  void by reason of a failure to procure a marriage license  any  marriage
  solemnized between persons of full age.
2023 New York Laws › DOM - Domestic Relations › Article 4 - Certain Rights and Liabilities of Husband and Wife › 50 - Property of Married Woman.

§ 50. Property of married woman. Property, real or personal, now owned
  by  a  married  woman,  or hereafter owned by a woman at the time of her
  marriage, or acquired by her as prescribed  in  this  chapter,  and  the
  rents,  issues,  proceeds  and profits thereof, shall continue to be her
  sole and separate property as if she were unmarried, and  shall  not  be
  subject to her husband's control or disposal nor liable for his debts.
2023 New York Laws › DOM - Domestic Relations › Article 4 - Certain Rights and Liabilities of Husband and Wife › 52 - Insurance of Married Person's Life.

§  52.  Insurance  of  married  person's  life. The right of a married
  person to cause the life of his or her spouse or any other person to  be
  insured and to dispose of any interest such married person may have in a
  policy  of  insurance  on  the  life of the other spouse or of any other
  person shall be governed by the insurance law and by statutes and  rules
  of  law  governing rights of a married person in respect to property and
  the acquisition, use, enjoyment and disposition thereof.
2023 New York Laws › DOM - Domestic Relations › Article 4 - Certain Rights and Liabilities of Husband and Wife › 58 - Pardon Not to Restore Marital Rights.

§  58.  Pardon  not  to  restore marital rights. A pardon granted to a
  person sentenced to imprisonment for life within  this  state  does  not
  restore  that  person  to  the  rights  of a previous marriage or to the
  guardianship of a child, the issue of such a marriage.
2023 New York Laws › DOM - Domestic Relations › Article 5 - The Custody and Wages of Children › 70 - Habeas Corpus for Child Detained by Parent.

§  70.  Habeas  corpus for child detained by parent. (a) Where a minor
child is residing within this state, either  parent  may  apply  to  the
supreme  court  for  a  writ  of  habeas corpus to have such minor child
brought before such court; and on the return thereof, the court, on  due
consideration, may award the natural guardianship, charge and custody of
such  child  to  either parent for such time, under such regulations and
restrictions, and with such provisions and directions, as the  case  may
require,  and may at any time thereafter vacate or modify such order. In
all cases there shall be no prima facie right  to  the  custody  of  the
child in either parent, but the court shall determine solely what is for
the  best  interest of the child, and what will best promote its welfare
and happiness, and make award accordingly.
(b) Any order under this section which applies to rights of visitation
with a child remanded or placed in  the  care  of  a  person,  official,
agency or institution pursuant to article ten of the family court act or
pursuant   to   an  instrument  approved  under  section  three  hundred
fifty-eight-a of the social services law, shall be enforceable  pursuant
to  the  provisions  of  part eight of article ten of such act, sections
three hundred fifty-eight-a  and  three  hundred  eighty-four-a  of  the
social  services  law and other applicable provisions of law against any
person or official having  care  and  custody,  or  temporary  care  and
custody, of such child.
2023 New York Laws › DOM - Domestic Relations › Article 5 - The Custody and Wages of Children › 71 - Special Proceeding or Habeas Corpus to Obtain Visitation Rights in Respect to Certain Infant Siblings.

§  71. Special proceeding or habeas corpus to obtain visitation rights
  in respect to certain infant siblings.  Where  circumstances  show  that
  conditions  exist  which equity would see fit to intervene, a brother or
  sister or, if he or she be a minor, a proper person on his or her behalf
  of a child, whether by half or whole blood, may  apply  to  the  supreme
  court  by commencing a special proceeding or for a writ of habeas corpus
  to have such child brought before such court, or may apply to the family
  court pursuant to subdivision (b) of section six  hundred  fifty-one  of
  the  family  court  act; and on the return thereof, the court, by order,
  after due notice to the parent or any other person or party  having  the
  care,  custody, and control of such child, to be given in such manner as
  the court shall prescribe, may make such directions as the best interest
  of the child may require, for visitation  rights  for  such  brother  or
  sister in respect to such child.
2023 New York Laws › DOM - Domestic Relations › Article 5 - The Custody and Wages of Children › 72 - Special Proceeding or Habeas Corpus to Obtain Visitation Rights or Custody in Respect to Certain Infant Grandchildren.

§  72. Special proceeding or habeas corpus to obtain visitation rights
or custody in respect to certain infant grandchildren. 1.  Where  either
or  both of the parents of a minor child, residing within this state, is
or are deceased, or where circumstances show that conditions exist which
equity would see fit to intervene, a grandparent or the grandparents  of
such  child  may  apply  to  the  supreme  court by commencing a special
proceeding or for a writ of habeas corpus to  have  such  child  brought
before  such  court,  or  may  apply  to  the  family  court pursuant to
subdivision (b) of section six hundred fifty-one  of  the  family  court
act; and on the return thereof, the court, by order, after due notice to
the  parent  or  any other person or party having the care, custody, and
control of such child, to be given in such manner  as  the  court  shall
prescribe,  may  make  such directions as the best interest of the child
may require, for visitation rights for such grandparent or  grandparents
in respect to such child.
2.  (a)  Where  a  grandparent  or  the grandparents of a minor child,
residing within this state, can demonstrate to the satisfaction  of  the
court  the existence of extraordinary circumstances, such grandparent or
grandparents of such child may apply to the supreme court by  commencing
a  special  proceeding or for a writ of habeas corpus to have such child
brought before such court, or may apply  to  family  court  pursuant  to
subdivision  (b)  of  section  six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the  care,  custody,  and
control  of  such  child,  to be given in such manner as the court shall
prescribe, may make such directions as the best interests of  the  child
may  require, for custody rights for such grandparent or grandparents in
respect to such child. An extended disruption of custody, as  such  term
is   defined   in   this  section,  shall  constitute  an  extraordinary
circumstance.
(b) For the purposes of this section "extended disruption of  custody"
shall  include,  but  not  be  limited to, a prolonged separation of the
respondent parent and the child  for  at  least  twenty-four  continuous
months during which the parent voluntarily relinquished care and control
of  the  child  and the child resided in the household of the petitioner
grandparent or grandparents, provided, however, that the court may  find
that  extraordinary  circumstances exist should the prolonged separation
have lasted for less than twenty-four months.
(c) Nothing in this section shall limit  the  ability  of  parties  to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
2023 New York Laws › DOM - Domestic Relations › Article 5 - The Custody and Wages of Children › 74 - Certain Provisions Relating to the Custody of Children by Persons Who Are Not the Parents of Such Children.

§  74.  Certain  provisions  relating  to  the  custody of children by
  persons who are not the parents of such children. 1. Notwithstanding any
  provision of law to the contrary, a person possessing a lawful order  of
  guardianship  or custody of a minor child, who is not the parent of such
  child, may enroll such child in public school in the  applicable  school
  district  where  he  or  she and such child reside. Upon application for
  enrollment of a minor child by a guardian or custodian who  is  not  the
  parent  of  such child, a public school shall enroll such child for such
  time as the  child  resides  with  the  guardian  or  custodian  in  the
  applicable  school  district,  upon  verification  that  the guardian or
  custodian possess a lawful order of custody for such child and that  the
  guardian  or  custodian  and  the  child  properly  reside  in  the same
  household within the school district.
2. Notwithstanding any provision  of  law  to  the  contrary,  persons
  possessing  a lawful order of custody of a child who are not a parent of
  such child shall have the right to enroll and receive coverage for  such
  child  in  their  employer based health insurance plan and to assert the
  same legal rights under such employer based health  insurance  plans  as
  persons  who  possess  lawful orders of guardianship of the person for a
  child pursuant to rule twelve hundred ten of the civil practice laws and
  rules, article seventeen of the surrogate's court procedure act, or part
  four of article six of the family court act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75 - Short Title and Statement of Legislative Intent.

§ 75. Short title and statement of legislative intent. 1. This article
  may  be cited as the "uniform child custody jurisdiction and enforcement
  act".
2. It is the intent of the legislature in  enacting  this  article  to
  provide  an  effective mechanism to obtain and enforce orders of custody
  and visitation across state lines and to do so in a manner that  ensures
  that  the  safety  of  the  children  is  paramount  and that victims of
  domestic violence and child abuse  are  protected.  It  is  further  the
  intent of the legislature that this article be construed so as to ensure
  that  custody  and  visitation  by  perpetrators of domestic violence or
  homicide  of  a  parent,  legal  custodian,  legal  guardian,   sibling,
  half-sibling  or  step-sibling  of  a  child  is  restricted pursuant to
  subdivision one-c of section two  hundred  forty  of  this  chapter  and
  section one thousand eighty-five of the family court act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-B - Proceedings Governed by Other Laws.

§  75-b.  Proceedings  governed  by  other laws. This article does not
  govern  an  adoption  proceeding  or  a  proceeding  pertaining  to  the
  authorization of emergency medical care for a child.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-C - Application to Indian Tribes.

§  75-c.  Application  to Indian tribes. 1. A child custody proceeding
  that pertains to an Indian child as defined in the Indian Child  Welfare
  Act,  25  U.S.C.  §  1901 et seq., is not subject to this article to the
  extent that it is governed by the Indian Child Welfare Act.
2. A court of this state shall treat a tribe as if it were a state  of
  the  United  States for the purpose of applying this title and title two
  of this article.
3. A child  custody  determination  made  by  a  tribe  under  factual
  circumstances   in   substantial   conformity  with  the  jurisdictional
  standards of this article must be recognized and  enforced  under  title
  three of this article.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-D - International Application of Article.

§ 75-d. International application of article. 1. A court of this state
  shall treat a foreign country as if it were a state of the United States
  for the purpose of applying this title and title two of this article.
2.  Except as otherwise provided in subdivision three of this section,
  a child custody determination made in a foreign  country  under  factual
  circumstances   in   substantial   conformity  with  the  jurisdictional
  standards of this article must be recognized and  enforced  under  title
  three of this article.
3.  A  court  of  this  state need not apply this article if the child
  custody law of a foreign country  as  written  or  as  applied  violates
  fundamental principles of human rights.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-E - Effect of Child Custody Determination.

§  75-e.  Effect  of  child  custody  determination.  A  child custody
  determination made by a court of this state that had jurisdiction  under
  this  article  binds all persons who have been served in accordance with
  the  laws  of  this  state  or  notified  in  accordance  with   section
  seventy-five-g  of  this title or who have submitted to the jurisdiction
  of the court, and who have been given an opportunity to be heard. As  to
  those  persons, the determination is conclusive as to all decided issues
  of law and fact except to the extent the determination  is  modified  or
  except  to  the  extent  that  enforcement  of  an  order  would violate
  subdivision one-c of section  two  hundred  forty  of  this  chapter  or
  section one thousand eighty-five of the family court act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-F - Priority.

§   75-f.  Priority.  If  a  question  of  existence  or  exercise  of
  jurisdiction under this article is raised in a child custody proceeding,
  the question, upon request of a party, child or child's attorney must be
  given priority on the calendar and handled expeditiously.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-G - Notice to Persons Outside State.

§  75-g.  Notice to persons outside state.  1. Notice required for the
exercise of jurisdiction when a person is outside this  state  shall  be
given  in  a  manner  prescribed by the law of this state for service of
process, as provided in paragraph (a), (b) or (c) of  this  subdivision,
or  by the law of the state in which the service is made, as provided in
paragraph (d) of this subdivision. Notice must  be  given  in  a  manner
reasonably  calculated  to  give  actual  notice.  If a person cannot be
served with notice within the state, the court shall require  that  such
person  be  served  in  a  manner  reasonably  calculated to give actual
notice, as follows:
(a) by personal delivery outside the state in the manner prescribed by
section three hundred thirteen of the civil practice law and rules; or
(b) by any form of mail requesting a receipt; or
(c) in such manner as  the  court,  upon  motion,  directs,  including
publication,  if  service is impracticable under paragraph (a) or (b) of
this subdivision; or
(d) in such manner as prescribed by the law  of  the  state  in  which
service is made.
2.  Proof  of  service  outside the state shall be by affidavit of the
individual who made the service, or in  the  manner  prescribed  by  the
order  pursuant  to  which  service is made. If service is made by mail,
proof may be by a receipt signed by the addressee or other  evidence  of
delivery  to  the  addressee. Proof of service may also be in the manner
prescribed by the law of the state in which the service is made.
3. Notice is not  required  for  the  exercise  of  jurisdiction  with
respect to a person who submits to the jurisdiction of the court.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-H - Appearance and Limited Immunity.

§ 75-h. Appearance and limited immunity. 1. A party to a child custody
  proceeding,  including  a  modification  proceeding,  or a petitioner or
  respondent in a proceeding  to  enforce  or  register  a  child  custody
  determination, is not subject to personal jurisdiction in this state for
  another  proceeding  or purpose solely by reason of having participated,
  or of having been physically present for the purpose  of  participating,
  in the proceeding.
2. A person who is subject to personal jurisdiction in this state on a
  basis other than physical presence is not immune from service of process
  in  this  state.  A  party  present  in this state who is subject to the
  jurisdiction of another state is not  immune  from  service  of  process
  allowable under the laws of that state.
3.  The  immunity  granted by subdivision one of this section does not
  extend to civil litigation based on acts unrelated to the  participation
  in  a  proceeding  under  this  article committed by an individual while
  present in this state.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-I - Communication Between Courts.

§  75-i.  Communication between courts.   1. A court of this state may
  communicate and, pursuant to subdivision four of section  seventy-six-c,
  subdivision  two of section seventy-six-e and section seventy-seven-f of
  this article, must communicate, with a court in another state concerning
  a proceeding arising under this article.
2.  The  court  may  allow  the  parties   to   participate   in   the
  communication.    If  the  parties  are  not  able to participate in the
  communication, they must be given the opportunity to present  facts  and
  legal arguments before a decision on jurisdiction is made.
3.   Communication  between  courts  on  schedules,  calendars,  court
  records, and similar matters may occur without informing the parties.  A
  record need not be made of the communication.
4.  Except as otherwise provided in subdivision three of this section,
  a record must be made of a communication under this section. The parties
  must be informed promptly of the communication and granted access to the
  record.
5. For the purposes of this section, "record" means  information  that
  is  inscribed on a tangible medium or that is stored in an electronic or
  other medium and is retrievable in perceivable form.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-J - Taking Testimony in Another State.

§  75-j.  Taking  testimony  in another state. 1. In addition to other
  procedures available to a party, a party to a child  custody  proceeding
  may  offer  testimony  of  witnesses  who  are located in another state,
  including testimony of the parties and the child, by deposition or other
  means allowable in this state for testimony taken in another state.  The
  court  on  its  own  motion  may order that the testimony of a person be
  taken in another state and may prescribe the manner  in  which  and  the
  terms upon which the testimony is taken.
2.  A court of this state may permit an individual residing in another
  state to be deposed or to testify by telephone,  audiovisual  means,  or
  other  electronic means before a designated court or at another location
  in that state. A court of this state  shall  cooperate  with  courts  of
  other  states  in designating an appropriate location for the deposition
  or testimony and the procedures to be followed  by  the  persons  taking
  such  deposition or testimony. Any such testimony or deposition shall be
  recorded and preserved for transcription.
3. Documentary evidence transmitted from another state to a  court  of
  this  state  by  technological  means  that  do  not produce an original
  writing may not be excluded from evidence on an objection based  on  the
  means of transmission.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-K - Cooperation Between Courts; Preservation of Records.

§  75-k.  Cooperation  between  courts;  preservation of records. 1. A
court of this state may request the appropriate court of  another  state
to:
(a) hold an evidentiary hearing;
(b)  order a person to produce or give evidence pursuant to procedures
of that state;
(c) order that an evaluation be made with respect to the custody of  a
child involved in a pending proceeding;
(d)  forward  to  the  court  of  this  state  a certified copy of the
transcript  of  the  record  of  the  hearing,  the  evidence  otherwise
presented,  and  any evaluation prepared in compliance with the request;
and
(e) order a party to a child custody proceeding or any  person  having
physical  custody  of  the  child  to  appear  in the proceeding with or
without the child.
2. Upon the request of a court of another state, a court of this state
may hold a hearing or enter an order described  in  subdivision  one  of
this section.
3.  Travel  and other necessary and reasonable expenses incurred under
subdivisions one and two of this section may  be  assessed  against  the
parties according to the law of this state.
4.  A  court  of  this  state  shall  preserve  the pleadings, orders,
decrees, records of hearings, evaluations, and other  pertinent  records
with  respect  to  a  child  custody proceeding at least until the child
attains eighteen years of age. Upon appropriate request by  a  court  or
law  enforcement  official  of  another state, the court shall forward a
certified copy of those records.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-L - Military Service by Parent; Effect on Child Custody Orders Pursuant to This Article.

§  75-l.  Military  service  by parent; effect on child custody orders
  pursuant to this article. 1. During the period of time that a parent  is
  activated,  deployed  or  temporarily assigned to military service, such
  that the parent's ability to  continue  as  a  joint  caretaker  or  the
  primary  caretaker  of  a  minor  child  is  materially affected by such
  military service, any orders issued pursuant to this article,  based  on
  the  fact that the parent is activated, deployed or temporarily assigned
  to military service, which would materially affect or change a  previous
  judgment  or  order regarding custody of that parent's child or children
  as such judgment or order existed on the date the parent was  activated,
  deployed,  or  temporarily assigned to military service shall be subject
  to review pursuant to subdivision three of this  section.  Any  relevant
  provisions  of  the Service Member's Civil Relief Act shall apply to all
  proceedings governed by this section.
2. During such period the court may enter an order to  modify  custody
  if  there  is  clear and convincing evidence that the modification is in
  the best interests of the child. An attorney  for  the  child  shall  be
  appointed  in  all  cases  where  a  modification  is sought during such
  military service. Such order shall be  subject  to  review  pursuant  to
  subdivision  three  of  this  section. When entering an order under this
  section, the court shall consider and provide for, if feasible and if in
  the best interests of the child, contact between  the  military  service
  member  and  his  or her child including, but not limited to, electronic
  communication by e-mail, webcam, telephone, or  other  available  means.
  During the period of the parent's leave from military service, the court
  shall  consider  the  best  interests  of  the child when establishing a
  parenting schedule, including  visiting  and  other  contact.  For  such
  purpose, a "leave from service" shall be a period of not more than three
  months.
3. Unless the parties have otherwise stipulated or agreed, if an order
  is  issued  under  this  section,  the  return of the parent from active
  military service, deployment or temporary assignment shall be considered
  a substantial change  in  circumstances.  Upon  the  request  of  either
  parent,  the  court  shall  determine  on  the basis of the child's best
  interests whether the custody judgment or  order  previously  in  effect
  should be modified.
4.  This  section  shall  not  apply  to assignments to permanent duty
  stations or permanent changes of station.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 1 - General Provisions › 75-M - Consideration of Blindness During Guardianship, Custody or Visitation Proceedings.

§  75-m.  Consideration  of  blindness during guardianship, custody or
  visitation proceedings. 1. The court may not deny or decide  a  petition
  for  guardianship,  custody  or  visitation solely on the basis that the
  petitioner is blind. The blindness of the petitioner shall be considered
  relevant only to the extent that the court finds, based on  evidence  in
  the  record,  that the blindness affects the best interests of the child
  whose  guardianship,  custody  or  visitation  is  the  subject  of  the
  petition.
2. As used in this section, "blind" or "blindness" means:
a. vision that is 20/200 or less in the best corrected eye; or
b. vision that subtends an angle of not greater than twenty degrees in
  the best corrected eye.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76 - Initial Child Custody Jurisdiction.

§  76.  Initial  child  custody  jurisdiction.  1. Except as otherwise
provided in section seventy-six-c of this title, a court of  this  state
has jurisdiction to make an initial child custody determination only if:
(a)  this  state  is  the  home  state of the child on the date of the
commencement of the proceeding, or was  the  home  state  of  the  child
within  six  months  before  the  commencement of the proceeding and the
child is absent from this state but a  parent  or  person  acting  as  a
parent continues to live in this state;
(b)  a  court  of  another  state  does  not  have  jurisdiction under
paragraph (a) of this subdivision, or a court of the home state  of  the
child  has  declined  to  exercise  jurisdiction on the ground that this
state is the more  appropriate  forum  under  section  seventy-six-f  or
seventy-six-g of this title, and:
(i)  the  child and the child's parents, or the child and at least one
parent or a person acting as a parent,  have  a  significant  connection
with this state other than mere physical presence; and
(ii)  substantial  evidence  is available in this state concerning the
child's care, protection, training, and personal relationships;
(c) all courts having jurisdiction under paragraph (a) or (b) of  this
subdivision  have declined to exercise jurisdiction on the ground that a
court of this state is the  more  appropriate  forum  to  determine  the
custody  of  the  child  under section seventy-six-f or seventy-six-g of
this title; or
(d) no court of any other state  would  have  jurisdiction  under  the
criteria specified in paragraph (a), (b) or (c) of this subdivision.
2.  Subdivision  one  of  this section is the exclusive jurisdictional
basis for making a child custody determination by a court of this state.
3. Physical presence of, or personal jurisdiction over, a party  or  a
child   is   not  necessary  or  sufficient  to  make  a  child  custody
determination.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-A - Exclusive, Continuing Jurisdiction.

§  76-a.  Exclusive,  continuing  jurisdiction. 1. Except as otherwise
provided in section seventy-six-c of this title, a court of  this  state
which  has  made  a  child custody determination consistent with section
seventy-six or seventy-six-b of this  title  has  exclusive,  continuing
jurisdiction over the determination until:
(a) a court of this state determines that neither the child, the child
and  one  parent,  nor  the child and a person acting as a parent have a
significant connection with this state and that substantial evidence  is
no   longer  available  in  this  state  concerning  the  child's  care,
protection, training, and personal relationships; or
(b) a court of this state or a court of another state determines  that
the child, the child's parents, and any person acting as a parent do not
presently reside in this state.
2.  A court of this state which has made a child custody determination
and does not have exclusive, continuing jurisdiction under this  section
may  modify  that  determination  only if it has jurisdiction to make an
initial determination under section seventy-six of this title.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-B - Jurisdiction to Modify Determination.

§  76-b.  Jurisdiction  to  modify  determination. Except as otherwise
  provided in section seventy-six-c of this title, a court of  this  state
  may  not modify a child custody determination made by a court of another
  state unless a court of this state has jurisdiction to make  an  initial
  determination  under  paragraph (a) or (b) of subdivision one of section
  seventy-six of this title and:
1. The court of the other state determines it no longer has exclusive,
  continuing jurisdiction under section seventy-six-a  of  this  title  or
  that  a  court  of  this  state  would  be a more convenient forum under
  section seventy-six-f of this title; or
2. A court of this state or a court of the other state determines that
  the child, the child's parents, and any person acting as a parent do not
  presently reside in the other state.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-D - Notice; Opportunity to Be Heard; Joinder.

§  76-d.  Notice;  opportunity to be heard; joinder. 1. Before a child
  custody  determination  is  made  under  this  article,  notice  and  an
  opportunity  to  be  heard  in  accordance with the standards of section
  seventy-five-g of this article must be given to all persons entitled  to
  notice  under  the  law  of  this  state as in child custody proceedings
  between residents of this state, any parent whose parental  rights  have
  not  been  previously terminated, and any person having physical custody
  of the child.
2. This article does not govern the enforceability of a child  custody
  determination made without notice or an opportunity to be heard.
3.  The  obligation  to  join  a party and the right to intervene as a
  party in a child custody proceeding under this article are  governed  by
  the laws of this state as in child custody proceedings between residents
  of this state.