N.Y. FCT Law § 467

§ 467. Referral by supreme court of applications to fix custody in\naction for divorce, separation or annulment. (a) In an action for\ndivorce, separation or annulment, the supreme court may refer to the\nfamily court the determination of applications to fix temporary or\npermanent custody or visitation, applications to enforce judgments and\norders of custody or visitation, and applications to modify judgments\nand orders of custody which modification may be granted only upon a\nshowing to the family court that there has been a subsequent change of\ncircumstances and that modification is required.\n (b) In the event no such referral has been made and unless the supreme\ncourt provides in the order or judgment awarding custody or visitation\nin an action for divorce, separation or annulment, that it may be\nenforced or modified only in the supreme court, the family court may:\n(i) determine an application to enforce the order or judgment awarding\ncustody or visitation, or (ii) determine an application to modify the\norder or judgment awarding custody or visitation upon a showing that\nthere has been a subsequent change of circumstances and modification is\nrequired.\n (c) In any determination of an application pursuant to this section,\nthe family court shall have jurisdiction to determine such applications,\nin accordance with subdivision one of section two hundred forty of the\ndomestic relations law, with the same powers possessed by the supreme\ncourt, and the family court's disposition of any such application is an\norder of the family court appealable only under article eleven of this\nact.\n