How do I start a Family Court Case?

You and your attorney will work together to draft a Petition to request relief from the Family Court. Your attorney will likely need documents to submit with your Petition. These may include e-mails, text messages, photographs, police reports or medical records. If you are starting a support matter in Family Court, you will need to submit financial records to the Court, which may include, paystubs, tax returns, W-2 forms, 1099 forms, and bank statements.

What happens after I file a Petition in Family Court?

Once your Petition is filed, the Family Court will issue a Summons with a Court date. Depending on your jurisdiction within the State of New York, you may have to arrange for the Summons and Petition to be served upon the other party. The Summons is an Order for you and the other party to appear in Family Court. If you fail to appear on your Court date, your Petition may be dismissed. If the other party fails to appear, an Order may be issued upon default for their failure to appear. If you have a scheduling conflict, you must let your attorney know as soon as possible so that they may address the issue with Court.

What is an Attorney for the Child?

In most Family Court cases regarding custody, parenting time or family offenses involving children, the Court will appoint an Attorney for the Child. If there are more than one child, and they share the same position, they will share the same attorney. If the children have divergent views, there may be separate Attorneys for the Children appointed to represent the children individually in a Family Court proceeding.

How do I get relief from a New York Family Court?

During the pendency of your action, you may request temporary relief from the Court while the case is ongoing. If the parties consent, or if the Court grants your request, you may obtain a Temporary Order. It is important to discuss with your attorney how to obtain a Temporary Order and what relief is best for your case.

New York Family Court proceedings will resolve in one of two ways. First, the parties will come to an Agreement that will be incorporated into a Final Order. It is important to speak with an attorney about what terms to include in a Final Order as not all Orders are identical, nor do they meet the needs of all families. If the matter cannot be resolved by an Agreement, the Family Court will schedule a hearing for the pending petitions. A hearing is a trial that will require knowledge of the Rules of Evidence and New York Civil Procedure. Often, self-represented parties are not aware of these rules and procedures and risk making fatal flaws in their case.