PR EDA : 572-335-4994
Family Court handles matters which are intimate and private to an individual’s life, so they have special powers to address such cases efficiently and fairly.
Everyone involved in a Family Court matter has the right to access legal counsel at no cost, with Cornell Legal Aid and some neighborhood legal service groups offering their services free of charge to those whose income falls within certain thresholds.
Family court cases involve some of the most intimate aspects of human relationships and differ significantly from regular civil and criminal courts in terms of jurisdiction and case type. Civil court proceedings seek to enforce public codes of behavior codified within state laws while criminal cases punish individuals for transgressing those laws (i.e. committing crimes).
Family Court judges have jurisdiction to adjudicate matters related to children and families, including matters such as legal custody, visitation and spousal support; child abuse, neglect and restraining orders; adoption; guardianship and juvenile status offenses. Furthermore, this Court also has statutory jurisdiction over cases that have been referred from Supreme Court and certain habeas corpus proceedings as well as applications for alimony maintenance distribution marital property custody applications conciliation proceedings or proceedings concerning physically handicapped and developmentally disabled children.
Family Court cases typically begin with the filing of a petition by either an individual, known as the “petitioner”, or, more rarely, by one of New York City agencies such as Administration for Children’s Services (ACS) or Children Protection Services (CPS), alleging abuse or neglect on your part against one or both children. Any allegation of such abuse must be taken very seriously and investigated thoroughly before acting upon.
When you appear in court, a judge will listen to both parties and render a ruling regarding your case. Depending on the specifics, they may award one parent “legal custody,” giving them authority to make major decisions concerning medical treatments, schooling or religious upbringing of their child. Furthermore, they will order either spousal support or child support payments as applicable.
Family Courts employ staff members in addition to judges for hearing cases in Family Court. This staff may be known as Family Caseworkers in Westchester, Putnam and Rockland counties while each borough in New York City has one Family Caseworker that assists in hearing them; additionally there is also a Family Court Attorney Referee available in Nassau County and Brooklyn hearing cases as well as Magistrate in Manhattan and Queens boroughs.
New York Family Courts possess broad powers to address matters affecting children, their parents and their relationships. Matters under its purview include visitation (now parenting time), child custody and support proceedings, domestic violence orders such as restraining orders or orders of protection issued from Grand Jury proceedings), guardianship hearings for incompetence hearings for protection hearings for paternity determination proceedings as well as cases involving abuse or neglect against minors such as PINS (“Person in Need of Supervision”).
Administration for Children Services (ACS) or Children Protection Services (CPS) filing a petition alleging abuse or neglect against a child will have their petition heard before a Family Court judge, rather than a jury, who will make a determination as to whether there is sufficient evidence beyond a reasonable doubt that an act was perpetrated and issue a “Finding.” If they do so, and find cruelty, sexual assault, domestic violence has taken place; then various dispositions including restitution for victims, probation, community service hours as well as supervised home placement programs or rehabilitation programs could be ordered against respondent.
Family Court can order respondents to participate in counseling and attend drug treatment programs, mental health evaluations/treatment, educational or job training programs as well as paying restitution to victims for damages such as medical expenses or property damages.
Family Court judges can issue “orders of protection”, prohibiting certain people from contacting victims, prohibiting respondents from owning firearms or weapons and/or setting curfews lasting six months or longer. Furthermore, judges can order respondents to live in safe houses or attend residential treatment and rehabilitative services for up to six months as an order of protection.
Family Court also provides an Adoption Competency Determination (ACD). If someone who had custody previously is ordered to participate, an ACD will ensure their rights and those of their child are upheld while simultaneously protecting the best interests of both. The process aims to keep children safe by offering parents an opportunity to create custody and visitation plans, protecting the interests of each child involved, and safeguarding the interests of their caretaker(s).
New York Family Court system has specific statutes which outline which cases it can hear and handle, including civil (divorce and custody cases) and criminal matters (child neglect, domestic violence and juvenile delinquency). Furthermore, some other cases such as contested guardianships orders of protection paternity testing and adoptions are also approved to be heard by this court system.
In cases of child neglect or abuse, either Administration for Children Services (ACS) in New York City or Children’s Protective Service in other counties can file a petition with the Family Court on behalf of a child. Parents accused of abusing or neglecting a child may either admit, dispute, or plead their case at a trial-style hearing known as “hearing.”
When dealing with custody disputes between non-represented parties, if neither one hires legal representation they will rely on the judge or referee’s decision based on evidence presented at hearings. If either side believes it was incorrect they can file formal appeal with Family Court Judge. Darren Shapiro offers clients who wish to file an objection or pursue formal appeals his expertise in family law appeals and filing objections for the first time or who want a formal challenge against an adverse decision in family court. People involved in Family Court custody disputes or order of protection cases also have the right to be represented by a free court-appointed attorney, which should be requested from their judge or referee as soon as possible. No guarantee can be given as to the outcome, but having an experienced attorney on their side can help ensure a more equitable treatment in any contested cases. Legal matters can often be complicated and emotional; having someone experienced on your side can ensure the best possible result is reached. Family Court calendars on Long Island and New York City can often be jam-packed, and it is advised to arrive early in order to avoid delays. Mr. Shapiro advises his clients that, even when arriving early, it may still take an extended wait time before their hearing takes place.
The Family Court is responsible for handling cases that concern families (though it cannot grant divorce; that must be done in Supreme Court), including adoption; guardianship; foster care approval and review; child protective proceedings (such as domestic violence charges); child support payments and custody. Cases generally heard by a judge or support magistrate who hear evidence presented, conducts hearings and issues orders accordingly. Family Court proceedings are generally open to the public but may exclude certain people in specific instances.
Family Court judges follow procedures set out by state law and New York’s Rules of Family Court Procedure when making decisions regarding children in custody cases. After reviewing all available evidence, they make their decision with consideration for what would be in their best interests as well as taking into account any wishes that have been expressed by their children if old enough to express one. Furthermore, the judge takes into account needs of both parents, as well as family units in general as well as any other pertinent factors involved in the case.
In cases of domestic violence, Family Court may issue temporary orders designed to keep accused parents away from victims and children. These measures could include prohibiting contact between parent and child or suspending child support obligations as well as changing custody or visitation rights. If patterns of domestic abuse emerges, judges could even choose to terminate parental rights altogether.
Family Court also has the power to appoint guardians ad litem in cases where both parents have died, become incapacitated or otherwise cannot provide care for their child(ren). This individual usually comes from family ties but anyone deemed suitable by the judge could act as their representative and make decisions for the best interest of the child; taking into consideration their wishes (if old enough to express them), as well as any relevant factors within each case.