§ 13. Family court established; composition; election and appointment of judges; jurisdiction.
485 words·~2 min read·
/ny/constitution/judiciary/13A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 13. a. The family court of the state of New York is hereby
established. It shall consist of at least one judge in each county
outside the city of New York and such number of additional judges for
such counties as may be provided by law. Within the city of New York it
shall consist of such number of judges as may be provided by law. The
judges of the family court within the city of New York shall be
residents of such city and shall be appointed by the mayor of the city
of New York for terms of ten years. The judges of the family court
outside the city of New York, shall be chosen by the electors of the
counties wherein they reside for terms of ten years.
b. The family court shall have jurisdiction over the following classes
of actions and proceedings which shall be originated in such family
court in the manner provided by law:
(1)the protection, treatment,
correction and commitment of those minors who are in need of the
exercise of the authority of the court because of circumstances of
neglect, delinquency or dependency, as the legislature may determine;
(2)the custody of minors except for custody incidental to actions and
proceedings for marital separation, divorce, annulment of marriage and
dissolution of marriage;
(3)the adoption of persons;
(4)the support of
dependents except for support incidental to actions and proceedings in
this state for marital separation, divorce, annulment of marriage or
dissolution of marriage;
(5)the establishment of paternity;
proceedings for conciliation of spouses; and
(7)as may be provided by
law: the guardianship of the person of minors and, in conformity with
the provisions of section seven of this article, crimes and offenses by
or against minors or between spouses or between parent and child or
between members of the same family or household. Nothing in this section
shall be construed to abridge the authority or jurisdiction of courts to
appoint guardians in cases originating in those courts.
c. The family court shall also have jurisdiction to determine, with
the same powers possessed by the supreme court, the following matters
when referred to the family court from the supreme court: habeas corpus
proceedings for the determination of the custody of minors; and in
actions and proceedings for marital separation, divorce, annulment of
marriage and dissolution of marriage, applications to fix temporary or
permanent support and custody, or applications to enforce judgments and
orders of support and of custody, or applications to modify judgments
and orders of support and of custody which may be granted only upon the
showing to the family court that there has been a subsequent change of
circumstances and that modification is required.
d. The provisions of this section shall in no way limit or impair the
jurisdiction of the supreme court as set forth in section seven of this
article.