§ 651. Jurisdiction over habeas corpus proceedings and petitions for
custody and visitation of minors. (a) When referred from the supreme
court or county court to the family court, the family court has
jurisdiction to determine, in accordance with subdivisions one and one-c
of section two hundred forty of the domestic relations law and with the
same powers possessed by the supreme court in addition to its own
powers, habeas corpus proceedings and proceedings brought by petition
and order to show cause, for the determination of the custody or
visitation of minors.

(b) When initiated in the family court, the family court has
jurisdiction to determine, in accordance with subdivision one of section
two hundred forty of the domestic relations law and with the same powers
possessed by the supreme court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody or visitation of minors,
including applications by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two hundred forty
of the domestic relations law.

(c) When initiated in the family court pursuant to a petition under
part eight of article ten of this act or section three hundred
fifty-eight-a of the social services law, the family court has
jurisdiction to enforce or modify orders or judgments of the supreme
court relating to the visitation of minors in foster care,
notwithstanding any limitation contained in subdivision (b) of section
four hundred sixty-seven of this act.

(c-1) Where a proceeding filed pursuant to article ten or ten-A of
this act is pending at the same time as a proceeding brought in the
family court pursuant to this article, the court presiding over the
proceeding under article ten or ten-A of this act may jointly hear the
hearing on the custody and visitation petition under this article and
the dispositional hearing on the petition under article ten or the
permanency hearing under article ten-A of this act; provided, however,
the court must determine the custody and visitation petition in
accordance with the terms of this article.

(d) With respect to applications by a grandparent or grandparents for
visitation or custody rights, made pursuant to section seventy-two or
two hundred forty of the domestic relations law, with a child remanded
or placed in the care of a person, official, agency or institution
pursuant to the provisions of article ten of this act, the applicant, in
such manner as the court shall prescribe, shall serve a copy of the
application upon the social services official having care and custody of
such child, and the child's attorney, who shall be afforded an
opportunity to be heard thereon.

(e) 1. Permanent and initial temporary orders of custody or
visitation. Prior to the issuance of any permanent or initial temporary
order of custody or visitation, the court shall conduct a review of the
decisions and reports listed in paragraph three of this subdivision.

2. Successive temporary orders of custody or visitation. Prior to the
issuance of any successive temporary order of custody or visitation, the
court shall conduct a review of the decisions and reports listed in
paragraph three of this subdivision, unless such a review has been
conducted within ninety days prior to the issuance of such order.

3. Decisions and reports for review. The court shall conduct a review
of the following:

(i) related decisions in court proceedings initiated pursuant to
article ten of this act, and all warrants issued under this act; and

(ii) reports of the statewide computerized registry of orders of
protection established and maintained pursuant to section two hundred
twenty-one-a of the executive law, and reports of the sex offender
registry established and maintained pursuant to section one hundred
sixty-eight-b of the correction law.

4. Notifying counsel and issuing orders. Upon consideration of
decisions pursuant to article ten of this act, and registry reports and
notifying counsel involved in the proceeding, or in the event of a
self-represented party, notifying such party of the results thereof,
including any court appointed attorney for children, the court may issue
a temporary, successive temporary or final order of custody or
visitation.

5. Temporary emergency order. Notwithstanding any other provision of
the law, upon emergency situations, including computer malfunctions, to
serve the best interest of the child, the court may issue a temporary
emergency order for custody or visitation in the event that it is not
possible to timely review decisions and reports on registries as
required pursuant to paragraph three of this subdivision.

6. After issuing a temporary emergency order. After issuing a
temporary emergency order of custody or visitation, the court shall
conduct reviews of the decisions and reports on registries as required
pursuant to paragraph three of this subdivision within twenty-four hours
of the issuance of such temporary emergency order. Should such
twenty-four hour period fall on a day when court is not in session, then
the required reviews shall take place the next day the court is in
session. Upon reviewing decisions and reports the court shall notify
associated counsel, self-represented parties and attorneys for children
pursuant to paragraph four of this subdivision and may issue temporary
or permanent custody or visitation orders.

7. Feasibility study. The commissioner of the office of children and
family services, in conjunction with the office of court administration,
is hereby authorized and directed to examine, study, evaluate and make
recommendations concerning the feasibility of the utilization of
computers in family courts which are connected to the statewide central
register of child abuse and maltreatment established and maintained
pursuant to section four hundred twenty-two of the social services law,
as a means of providing family courts with information regarding parties
requesting orders of custody or visitation. Such commissioner shall make
a preliminary report to the governor and the legislature of findings,
conclusions and recommendations not later than January thirty-first, two
thousand nine, and a final report of findings, conclusions and
recommendations not later than June first, two thousand nine, and shall
submit with the reports such legislative proposals as are deemed
necessary to implement the commissioner's recommendations.

(f) Military service by parent; effect on child custody orders. 1.
During the period of time that a parent is activated, deployed or
temporarily assigned to military service, such that the parent's ability
to continue as a joint caretaker or the primary caretaker of a minor
child is materially affected by such military service, any orders issued
pursuant to this section, based on the fact that the parent is
activated, deployed or temporarily assigned to military service, which
would materially affect or change a previous judgment or order regarding
custody of that parent's child or children as such judgment or order
existed on the date the parent was activated, deployed, or temporarily
assigned to military service, shall be subject to review pursuant to
paragraph three of this subdivision. Any relevant provisions of the
Service Member's Civil Relief Act shall apply to all proceedings
governed by this section.

2. During such period, the court may enter an order to modify custody
if there is clear and convincing evidence that the modification is in
the best interests of the child. An attorney for the child shall be
appointed in all cases where a modification is sought during such
military service. Such order shall be subject to review pursuant to
paragraph three of this subdivision. When entering an order pursuant to
this section, the court shall consider and provide for, if feasible and
if in the best interests of the child, contact between the military
service member and his or her child including, but not limited to,
electronic communication by e-mail, webcam, telephone, or other
available means. During the period of the parent's leave from military
service, the court shall consider the best interests of the child when
establishing a parenting schedule, including visiting and other contact.
For such purpose, a "leave from military service" shall be a period of
not more than three months.

3. Unless the parties have otherwise stipulated or agreed, if an order
is issued pursuant to this subdivision, the return of the parent from
active military service, deployment or temporary assignment shall be
considered a substantial change in circumstances. Upon the request of
either parent, the court shall determine on the basis of the child's
best interests whether the custody judgment or order previously in
effect should be modified.

4. This subdivision shall not apply to assignments to permanent duty
stations or permanent changes of station.