Title DOM, Domestic Relations

§ 245. Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment. Where a spouse, in an action for divorce, separation, annulment or declaration of nullity of a void marriage, or for the enforcement in this state of a judgment for di…

§ 246. Persons financially unable to comply with orders or judgments directing the payment of alimony. 1. Any person who, by an order or judgment made or entered in an action for divorce, separation, annulment or declaration of the nullity of a void marriage or an action for the…

§ 247. Alimony or maintenance payments suspended during confinement in prison. Notwithstanding any inconsistent provision of this article, the provision of any judgment or order rendered or made in an action for divorce, separation, annulment or declaration of nullity of a void …

§ 248. Modification of judgment or order in action for divorce or annulment. Where an action for divorce or for annulment or for a declaration of the nullity of a void marriage is brought by a spouse, and a final judgment of divorce or a final judgment annulling the marriage or …

§ 249. Trial preferences in matrimonial actions. Upon motion of either party or upon its own motion, the court may direct that any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or…

§ 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.…

§ 250. Agreements relating to marriage; statute of limitations. 1. The statute of limitations for commencing an action or proceeding or for claiming a defense that arises from an agreement made pursuant to subdivision three of part B of section two hundred thirty-six of this art…

§ 251. Filing of order in family court. When, in a matrimonial action, the supreme court refers the issues of support, custody or visitation to the family court, the order or judgment shall provide that a copy thereof shall be filed by the plaintiff's attorney, within ten days, …

§ 252. Effect of pendency of action for divorce, separation or annulment on petition for order of protection. 1. In an action for divorce, separation or annulment or in an action to declare the nullity of a void marriage in the supreme court, the supreme court or the family cour…

§ 253. Removal of barriers to remarriage. 1. This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter. 2. Any party to a marriage defined in subdivision one of this se…

§ 254. Confidentiality. 1. Notwithstanding any other provision of law, in any proceeding for custody, divorce, separation or annulment, whether or not an order of protection or temporary order of protection is sought or has been sought in the past, the court may, upon its own mo…

§ 255. Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage. A court, prior to signing a judgment of divorce or separation, or a judgment annulling a marriage or declaring the nullity of a void marriage, shall ensure that: 1. Both…

§ 270. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

§ 271. When to take effect. This chapter shall take effect immediately.

§ 272. References in this chapter. Whenever in this chapter any reference is made to the children's court act of the State of New York, the children's court or a judge thereof, or to the domestic relations court act of the city of New York, the domestic relations court of the ci…

§ 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half blood; 3. An uncle and niece or an aunt and nephew.…

§ 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 s…

§ 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 p…

§ 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.

§ 6. Void marriages. A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; provided, that if…

§ 61. Married person's domicile. The domicile of a married man or woman shall be established for all purposes without regard to sex.

§ 7. Voidable marriages. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eighteen years; 2. Is incapable of consenting to a marriage for want of understanding; 3…

§ 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 cons…

§ 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 beh…

§ 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…

§ 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 suc…

§ 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 …

§ 75-a. Definitions. In this article: 1. "Abandoned" means left without provision for reasonable and necessary care or supervision. 2. "Child" means an individual who has not attained eighteen years of age. 3. "Child custody determination" means a judgment, decree, or other orde…

§ 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.

§ 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…

§ 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 sect…

§ 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-fiv…

§ 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.

§ 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, o…

§ 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 a…

§ 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 concer…

§ 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 m…

§ 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 ev…

§ 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 prim…

§ 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…

§ 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 comme…

§ 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 jur…

§ 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…

§ 76-c. Temporary emergency jurisdiction. 1. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child, a sibling or parent of the child. 2. If there i…

§ 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 …

§ 76-e. Simultaneous proceedings. 1. Except as otherwise provided in section seventy-six-c of this title, a court of this state may not exercise its jurisdiction under this title if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the ch…

§ 76-f. Inconvenient forum. 1. A court of this state which has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of…

§ 76-g. Jurisdiction declined by reason of conduct. 1. Except as otherwise provided in section seventy-six-c of this title or by other law of this state, if a court of this state has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged …

§ 76-h. Information to be submitted to court. 1. Subject to subdivision five of this section, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present a…

§ 76-i. Appearance of parties and child. 1. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who…