Understanding Your Rights in Family Law Cases

Whether you’re going through a divorce, protecting your child, or trying to grow your family, dealing with family law issues is a stressful experience — especially when children are involved. Your Forest Hills, NY family attorney will deal with your case empathetically, helping you to understand your rights and navigate the court system confidently.

Understanding Your Rights in Family Law Cases

Types of Family Law Cases

The Family Court and Supreme Court typically handle cases involving families and children in New York State. You may find yourself working with the courts for a variety of cases, including: 

• Adoption
• Custody
• Visitation
• Child support
• Paternity
• Divorce
• Crimes committed by children 

Right to Counsel 

In New York State, parents have a right to counsel in many situations, including when facing losing custody of their child or dealing with criminal charges. New York case law provides for your right to representation with the understanding that matters involving children, especially when the child may be separated from a parent or family, are too important to handle without a lawyer.

A skilled family law attorney will work with you to present your case in the best way possible, ensuring that both your and your children’s rights are protected. It’s important to communicate all of the facts of your case when speaking with your legal team so they can advocate effectively for you and your family.

Right to Refuse Engagement  

In some non-violent juvenile delinquency cases, a probation intake worker may interview the accuser, accused child, and police to see if the matter can be resolved outside of court. In this case, you cannot be forced to participate in an interview.  

Right to a Hearing

Depending on the nature of your case, you may end up participating in a fact-finding hearing to determine if the stated facts of the case are true, and then a dispositional hearing to determine the legal remedy. In cases involving child support, New York State guarantees a right to a hearing for all parties involved in the case, including when one party is charged with violating a support order.

Right to Appeal

If the court comes to a conclusion that you think is legally incorrect, you should speak with your attorney to decide whether to file an appeal. This is a request for a higher court to review the decision of the Family Court. You have the right to file an appeal for 30 days after the lower court’s decision is served to either both parties or your attorneys.

Talk to a Family Attorney in Forest Hills, NY

We know that dealing with family law can be among the most challenging situations you’ll encounter, and we’re here to help. Our attorneys will handle your case skillfully and compassionately so you can focus on moving forward in the best way for your family.

You don’t have to deal with your family law case alone. If you’re in Forest Hills, or elsewhere in New York or Connecticut, contact our experienced team at The Law Offices of Joseph H. Nivin, P.C., to schedule a consultation today. 

Tags: family law attorney, family law lawyer queens, family law new york, family law nyc
Posted in Family Law | No Comments »