Title DOM, Domestic Relations

§ 77. Definitions. As used in this title:\n 1. "Petitioner" means a person who seeks enforcement of an order for\nreturn of a child under the Hague Convention on the Civil Aspects of\nInternational Child Abduction or enforcement of a child custody\ndetermination.\n 2. "Responden…

§ 77-a. Enforcement under Hague Convention. Under this act, a court of\nthis state may enforce an order for the return of the child made under\nthe Hague Convention on the Civil Aspects of International Child\nAbduction as if it were a child custody determination.\n

§ 77-b. Duty to enforce. 1. A court of this state shall recognize and\nenforce a child custody determination of a court of another state if the\nlatter court exercised jurisdiction in substantial conformity with this\narticle or the determination was made under factual circumsta…

§ 77-c. Temporary visitation. 1. A court of this state which does not\nhave jurisdiction to modify a child custody determination, may, if\nconsistent with subdivision one-c of section two hundred forty of this\nchapter or section one thousand eighty-five of the family court act,…

§ 77-d. Registration of child custody determination. 1. A child\ncustody determination issued by a court of another state may be\nregistered in this state, with or without a simultaneous request for\nenforcement, by sending to the appropriate court in this state;\n (a) a letter …

§ 77-e. Enforcement of registered determination. 1. A court of this\nstate may grant any relief normally available under the laws of this\nstate to enforce a registered child custody determination made by a\ncourt of another state.\n 2. A court of this state shall recognize and …

§ 77-f. Simultaneous proceedings. If a proceeding for enforcement\nunder this title is commenced in a court of this state and the court\ndetermines that a proceeding to modify the determination is pending in a\ncourt of another state having jurisdiction to modify the determinati…

§ 77-g. Expedited enforcement of child custody determination. 1. A\npetition under this title must be verified. Certified copies of all\norders sought to be enforced and of any order confirming registration\nmust be attached to the petition. A copy of a certified copy of an orde…

§ 77-h. Service of petition and order. Except as otherwise provided in\nsection seventy-seven-j of this title, the petition and order must be\nserved, by any method authorized by the law of this state, upon\nrespondent and any person who has physical custody of the child. Servic…

§ 77-i. Hearing and order. 1. Unless the court issues a temporary\nemergency order pursuant to section seventy-six-c of this article, upon\na finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take imm…

§ 77-j. Warrant to take physical custody of child. 1. Upon the filing\nof a petition seeking enforcement of a child custody determination, the\npetitioner may file a verified application for the issuance of a warrant\nto take physical custody of the child if the child is at immi…

§ 77-k. Costs, fees and expenses. 1. The court shall award the\nprevailing party, including a state, necessary and reasonable expenses\nincurred by or on behalf of the party, including costs, communication\nexpenses, attorney's fees, investigative fees, expenses for witnesses,\n…

§ 77-l. Recognition and enforcement. A court of this state shall\naccord full faith and credit to an order issued by another state and\nconsistent with this article which enforces a child custody\ndetermination by a court of another state unless the order has been\nvacated, stay…

§ 77-m. Appeals. An appeal may be taken from a final order in a\nproceeding under this title in accordance with article fifty-five of the\ncivil practice law and rules and article eleven of the family court act\nand may be granted a preference in the discretion of the court to w…

§ 77-n. Role of prosecutor or public official. 1. In a case arising\nunder this article or involving the Hague Convention on the Civil\nAspects of International Child Abduction, the prosecutor or other\nappropriate public official may take any lawful action, including resort\nto…

§ 77-o. Role of law enforcement. At the request of a prosecutor or\nother appropriate public official acting under section seventy-seven-n\nof this title, a law enforcement officer, as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law, may take an…

§ 77-p. Costs and expenses. If the respondent is not the prevailing\nparty, the court may assess against the respondent all direct expenses\nand costs incurred by the prosecutor or other appropriate public\nofficial and law enforcement officers under section seventy-seven-n or\n…

§ 78. Application and construction. In applying and construing this\narticle, consideration must be given to the need to promote uniformity\nof the law with respect to its subject matter among states that enact\nit.\n

§ 78-a. Severability clause. If any provision of this article or its\napplication to any person or circumstance is held invalid, the\ninvalidity does not affect other provisions or applications of this\narticle which can be given effect without the invalid provision or\napplicat…

§ 8. Marriage after divorce. Whenever, and whether prior or subsequent\nto September first, nineteen hundred sixty-seven, a marriage has been\ndissolved by divorce, either party may marry again.\n

§ 80. Guardians in socage. Where a minor for whom a general guardian\nof the property has not been appointed shall acquire real property, the\nguardianship of his property with the rights, powers and duties of a\nguardian in socage belongs: (1) to the parents jointly, or, if the…

§ 81. Appointment of guardians by parent. A married woman is a joint\nguardian of her children with her husband, with equal powers, rights and\nduties in regard to them. Upon the death of either father or mother, the\nsurviving parent, whether of full age or a minor, of a child …

§ 82. Powers and duties of such guardians. Every such disposition,\nfrom the time it takes effect, shall vest in the person to whom made, if\nhe accepts the appointment, all the rights and powers, and subject him\nto all the duties and obligations of a guardian of such minor, an…

§ 83. Duties and liabilities of all general guardians. A general\nguardian or guardian in socage shall safely keep the property of his\nward that shall come into his custody, and shall not make or suffer any\nwaste, sale or destruction of such property or inheritance, but shall\…

§ 85. Investment of trust funds by guardian. A guardian holding funds\nfor investment has the powers provided by section twenty-one of the\npersonal property law and must not invest the funds in any other\nsecurities or manner.\n