New York · statute · N.Y. Family Court Act Law · 800 active provisions
CHAPTER 686 AN ACT to establish a family court for the state of New York to implement article six of the constitution of the state of New York, approved by the people on the seventh day of November, nineteen hundred sixty-one Became a law April 24, 1962, with the approval of the Governor. Passed, by a majority vote, th…
ARTICLE 1 FAMILY COURT ESTABLISHED Part 1. Applicability of act and creation of court. 2. Number, appointment, term and compensation of judges within the city of New York. 3. Number, election, term and compensation of judges not within the city of New York. 4. Family court judges. 5. General powers. 6. General provisio…
PART 1 APPLICABILITY OF ACT AND CREATION OF COURT Section 111. Title of act. 112. Applicability. 113. Establishment of court. 114. "Exclusive original jurisdiction". 115. Jurisdiction of family court. 116. Religion of custodial persons and agencies. 117. Parts of court. 118. Seal. 119. Definitions. 120. Expenses of the…
§ 111. Title of act. The title of this act is "the family court act of the state of New York." It may be cited as "The Family Court Act."
§ 112. Applicability. The family court act applies in all counties of the state of New York.
§ 113. Establishment of court. The family court of the state of New York is established in each county of the state as part of the unified court system for the state.
§ 114. "Exclusive original jurisdiction". When used in this act, "exclusive original jurisdiction" means that the proceedings over which the family court is given such jurisdiction must be originated in the family court in the manner prescribed by this act. The provisions of this act shall in no way limit or impair the…
§ 115. Jurisdiction of family court. (a) The family court has exclusive original jurisdiction over (i) abuse and neglect proceedings, as set forth in article ten; (ii) support proceedings, as set forth in article four; (iii) proceedings to determine paternity and for the support of children born out-of-wedlock, as set…
§ 116. Religion of custodial persons and agencies. (a) Whenever a child is remanded or committed by the court to any duly authorized association, agency, society or institution, other than an institution supported and controlled by the state or a subdivision thereof, such commitment must be made, when practicable, to a…
§ 117. Parts of court. (a) There is hereby established in the family court a "child abuse part". Such part shall be held separate from all other proceedings of the court, and shall have jurisdiction over all proceedings in the family court involving abused children, and shall be charged with the immediate protection of…
§ 118. Seal. The seal of the family court consists of an engraving of the arms of the state of New York and the words "Family Court of the State of New York" followed by the name of the county in which the family court using the seal is located.
§ 119. Definitions. When used in this act and unless the specific context indicates otherwise: (a) "Duly authorized association, agency, society or institution" means any institution supported or controlled by the state or by a subdivision thereof; any social services official of this state; or an association, agency,…
§ 120. Expenses of the court. (a) All salaries of the judicial and non-judicial personnel of the court and all other expenses of the court whatsoever, except as provided in subdivision (b), shall within the city of New York, be a city charge and in the counties outside the city of New York, a county charge; provided ho…
PART 2 NUMBER, APPOINTMENT, TERM AND COMPENSATION OF JUDGES WITHIN THE CITY OF NEW YORK Section 121. Number of judges. 122. Continuance in office. 123. Appointment by mayor. 124. Eligibility for appointment. 126. Vacancies.
§ 121. Number of judges. The family court within the city of New York shall consist of sixty-seven judges, effective January first, two thousand twenty-five. There shall be at least one family court judge resident in each county of the city of New York.
§ 122. Continuance in office. The justices of the domestic relations court of the city of New York in office on the effective date of this act, shall for the remainder of the term of their appointment continue in office as judges of the family court in the county within the city of New York in which they reside.
§ 123. Appointment by mayor. The mayor of the city of New York shall appoint the judges of the family court in counties within the city of New York for a term of ten years.
§ 124. Eligibility for appointment. No person, other than one who holds such office at the effective date of this act, may assume the office of judge of the family court within the city of New York unless he has been admitted to practice law in this state at least ten years prior to the date of such appointment. In mak…
§ 126. Vacancies. When a vacancy occurs, otherwise than by expiration of term on the last day of any year, in the office of judge of the family court in a county within the city of New York, the vacancy shall be filled by appointment of the mayor of the city of New York for the unexpired term.
PART 3 NUMBER, ELECTION, TERM AND COMPENSATION OF JUDGES NOT WITHIN THE CITY OF NEW YORK Section 131. Number of judges. 132. Continuance in office. 133. Vacancies. 134. Eligibility for office. 135. Term of office. 137. County judge designated as family court judge. 138. Additional compensation for designated judge.
§ 131. Number of judges. The number of judges of the family court for each county outside the city of New York shall be as follows: (a) in each county in which there was a separate office or offices of judge of the children's court authorized by law on the thirty-first day of August nineteen hundred sixty-two, the numb…
§ 132. Continuance in office. The special county judges of the counties of Broome, Chautauqua, Jefferson, Oneida and Rockland and the judges of the children's courts in all counties outside the city of New York in office at midnight on August thirty-first, nineteen hundred sixty-two, shall be judges of the family court…
§ 133. Vacancies. When a vacancy occurs, otherwise than by expiration of term, in the office of judge of the family court in a county not within the city of New York, the vacancy shall be filled for a full term at the next general election held not less than three months after such vacancy occurs and, until the vacancy…
§ 134. Eligibility for office. No person, other than one who holds such office on the effective date of this act may serve in the office of judge of the family court unless he or she has been admitted to practice law in the state of New York for at least ten years as of the date he or she commences the duties of office…
§ 135. Term of office. The term of office of a judge elected to the family court in a county outside the city of New York is ten years.