Title DOM, Domestic Relations

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

§ 246. Persons financially unable to comply with orders or judgments\ndirecting the payment of alimony. 1. Any person who, by an order or\njudgment made or entered in an action for divorce, separation, annulment\nor declaration of the nullity of a void marriage or an action for …

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

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

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

§ 25. License, when to be obtained. The provisions of this article\npertaining to the granting of the licenses before a marriage can be\nlawfully celebrated apply to all persons who assume the marriage\nrelation in accordance with subdivision four of section eleven of this\nchap…

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

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

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

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

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

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

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

§ 271. When to take effect. This chapter shall take effect\nimmediately.\n

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

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

§ 50. Property of married woman. Property, real or personal, now owned\nby a married woman, or hereafter owned by a woman at the time of her\nmarriage, or acquired by her as prescribed in this chapter, and the\nrents, issues, proceeds and profits thereof, shall continue to be he…

§ 52. Insurance of married person's life. The right of a married\nperson to cause the life of his or her spouse or any other person to be\ninsured and to dispose of any interest such married person may have in a\npolicy of insurance on the life of the other spouse or of any othe…

§ 58. Pardon not to restore marital rights. A pardon granted to a\nperson sentenced to imprisonment for life within this state does not\nrestore that person to the rights of a previous marriage or to the\nguardianship of a child, the issue of such a marriage.\n

§ 6. Void marriages. A marriage is absolutely void if contracted by a\nperson whose husband or wife by a former marriage is living, unless\neither:\n 1. Such former marriage has been annulled or has been dissolved for a\ncause other than the adultery of such person; provided, th…

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

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

§ 70. Habeas corpus for child detained by parent. (a) Where a minor\nchild is residing within this state, either parent may apply to the\nsupreme court for a writ of habeas corpus to have such minor child\nbrought before such court; and on the return thereof, the court, on due\n…

§ 71. Special proceeding or habeas corpus to obtain visitation rights\nin respect to certain infant siblings. Where circumstances show that\nconditions exist which equity would see fit to intervene, a brother or\nsister or, if he or she be a minor, a proper person on his or her …

§ 72. Special proceeding or habeas corpus to obtain visitation rights\nor custody in respect to certain infant grandchildren. 1. Where either\nor both of the parents of a minor child, residing within this state, is\nor are deceased, or where circumstances show that conditions ex…

§ 74. Certain provisions relating to the custody of children by\npersons who are not the parents of such children. 1. Notwithstanding any\nprovision of law to the contrary, a person possessing a lawful order of\nguardianship or custody of a minor child, who is not the parent of …

§ 75. Short title and statement of legislative intent. 1. This article\nmay be cited as the "uniform child custody jurisdiction and enforcement\nact".\n 2. It is the intent of the legislature in enacting this article to\nprovide an effective mechanism to obtain and enforce order…

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

§ 75-b. Proceedings governed by other laws. This article does not\ngovern an adoption proceeding or a proceeding pertaining to the\nauthorization of emergency medical care for a child.\n

§ 75-c. Application to Indian tribes. 1. A child custody proceeding\nthat pertains to an Indian child as defined in the Indian Child Welfare\nAct, 25 U.S.C. § 1901 et seq., is not subject to this article to the\nextent that it is governed by the Indian Child Welfare Act.\n 2. A …

§ 75-d. International application of article. 1. A court of this state\nshall treat a foreign country as if it were a state of the United States\nfor the purpose of applying this title and title two of this article.\n 2. Except as otherwise provided in subdivision three of this …

§ 75-e. Effect of child custody determination. A child custody\ndetermination made by a court of this state that had jurisdiction under\nthis article binds all persons who have been served in accordance with\nthe laws of this state or notified in accordance with section\nseventy…

§ 75-f. Priority. If a question of existence or exercise of\njurisdiction under this article is raised in a child custody proceeding,\nthe question, upon request of a party, child or child's attorney must be\ngiven priority on the calendar and handled expeditiously.\n

§ 75-g. Notice to persons outside state. 1. Notice required for the\nexercise of jurisdiction when a person is outside this state shall be\ngiven in a manner prescribed by the law of this state for service of\nprocess, as provided in paragraph (a), (b) or (c) of this subdivision…

§ 75-h. Appearance and limited immunity. 1. A party to a child custody\nproceeding, including a modification proceeding, or a petitioner or\nrespondent in a proceeding to enforce or register a child custody\ndetermination, is not subject to personal jurisdiction in this state fo…

§ 75-i. Communication between courts. 1. A court of this state may\ncommunicate and, pursuant to subdivision four of section seventy-six-c,\nsubdivision two of section seventy-six-e and section seventy-seven-f of\nthis article, must communicate, with a court in another state con…

§ 75-j. Taking testimony in another state. 1. In addition to other\nprocedures available to a party, a party to a child custody proceeding\nmay offer testimony of witnesses who are located in another state,\nincluding testimony of the parties and the child, by deposition or othe…

§ 75-k. Cooperation between courts; preservation of records. 1. A\ncourt of this state may request the appropriate court of another state\nto:\n (a) hold an evidentiary hearing;\n (b) order a person to produce or give evidence pursuant to procedures\nof that state;\n (c) order t…

§ 75-l. Military service by parent; effect on child custody orders\npursuant to this article. 1. During the period of time that a parent is\nactivated, deployed or temporarily assigned to military service, such\nthat the parent's ability to continue as a joint caretaker or the\n…

§ 75-m. Consideration of blindness during guardianship, custody or\nvisitation proceedings. 1. The court may not deny or decide a petition\nfor guardianship, custody or visitation solely on the basis that the\npetitioner is blind. The blindness of the petitioner shall be conside…

§ 76. Initial child custody jurisdiction. 1. Except as otherwise\nprovided in section seventy-six-c of this title, a court of this state\nhas jurisdiction to make an initial child custody determination only if:\n (a) this state is the home state of the child on the date of the\n…

§ 76-a. Exclusive, continuing jurisdiction. 1. Except as otherwise\nprovided in section seventy-six-c of this title, a court of this state\nwhich has made a child custody determination consistent with section\nseventy-six or seventy-six-b of this title has exclusive, continuing\…

§ 76-b. Jurisdiction to modify determination. Except as otherwise\nprovided in section seventy-six-c of this title, a court of this state\nmay not modify a child custody determination made by a court of another\nstate unless a court of this state has jurisdiction to make an init…

§ 76-c. Temporary emergency jurisdiction. 1. A court of this state has\ntemporary emergency jurisdiction if the child is present in this state\nand the child has been abandoned or it is necessary in an emergency to\nprotect the child, a sibling or parent of the child.\n 2. If th…

§ 76-d. Notice; opportunity to be heard; joinder. 1. Before a child\ncustody determination is made under this article, notice and an\nopportunity to be heard in accordance with the standards of section\nseventy-five-g of this article must be given to all persons entitled to\nnot…

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

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

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

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

§ 76-i. Appearance of parties and child. 1. In a child custody\nproceeding in this state, the court may order a party to the proceeding\nwho is in this state to appear before the court in person with or\nwithout the child. The court may order any person who is in this state\nand…