N.Y. FCT Law § 652

§ 652. Jurisdiction over applications to fix custody in matrimonial\nactions on referral from supreme court. (a) When referred from the\nsupreme court to the family court, the family court has jurisdiction to\ndetermine, with the same powers possessed by the supreme court,\napplications to fix temporary or permanent custody and applications to\nmodify judgments and orders of custody or visitation in actions and\nproceedings for marital separation, divorce, annulment of marriage and\ndissolution of marriage. Applications to modify judgments and orders of\ncustody may be granted by the family court under this section only upon\nthe showing to the family court that there has been a subsequent change\nof circumstances 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