Ask a Lawyer: What to Expect in Family Court in New York?

The legal system is complex, and having to work within it is always an emotional experience, especially when dealing with family matters. Whether you’re facing a custody battle, seeking child support, or addressing issues related to abuse or neglect, understanding what to expect in Family Court in New York is crucial. Here’s a brief overview from a family court lawyer in Forest Hills, NY.

What is Family Court?

Family Court is a specific branch of the New York court system that deals exclusively with legal issues surrounding families and children. It handles cases of child custody and visitation, resolving disputes about legal and physical custody of children, as well as visitation rights for noncustodial parents. Paternity cases and child support cases also go through Family Court, determining and enforcing financial support obligations for children.

In addition, Family Court also deals with any allegations of child abuse or neglect, creating protective orders when necessary, as well as allegations of domestic violence or abuse within families. Handling juvenile delinquency cases (youths accused of crimes) or those in need of supervision or placement due to behavioral issues (PINS – Persons In Need of Supervision) are also among the matters that Family Court deals with.

What Happens in Family Court?

Filing a Petition

The process begins when one party (the petitioner) files a petition outlining the legal issue and requested relief. The other party (the respondent) is then notified.

Initial Appearance

Both parties attend an initial court hearing where the judge will address temporary arrangements like child support or custody while the case progresses.

Discovery and Fact-Finding

Both sides exchange information and gather evidence supporting their positions.

Dispositional Hearing

If no settlement is reached, a trial-like hearing will occur where the judge hears arguments and testimony before making a final decision.

Appeals

Either party has the right to appeal the court’s decision. A higher court will then review the decision of the Family Court.

How to Prepare for Your Family Court Case

Gather Documentation

Collect relevant documents like birth certificates, financial records, medical records, school records, or reports that support your case.

Organize Your Thoughts

Prepare a clear summary of your position and what you hope to achieve, which you’ll talk over with us.

Consider Witnesses

Think about individuals who may provide testimony to support your claims. We’ll help you think through who to talk to and prepare them.

Navigating the Emotional Side of Family Court

First, focus on your children: keep the best interests of your children as your top priority. Second, seek support from friends, family, a therapist, or support groups. Finally, and perhaps most important, take care of yourself. Maintain healthy habits with diet, exercise, and sleep to manage stress.

The Importance of Legal Representation

Family law matters can be intensely personal and have long-lasting consequences for all involved, so having an experienced family law attorney to help you through the legal process, protect your rights, and ensure the best possible outcome for you and your children is always the best choice.

If you or a loved one are dealing with a Family Court matter, call the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY and Queens, NY, to schedule a free consultation. We are here to help you understand your rights and advocate for you.

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