Family Court in New York

Family Court in New York is a specialized court system designed to handle legal matters involving children, parents, and other family members. Unlike Supreme Court, which handles divorce and other civil or criminal matters, Family Court focuses solely on the legal issues that impact families directly. The goal is to protect the well-being of children and resolve disputes in a way that fosters safe and stable family relationships.

Family Court was established under the New York Family Court Act, enacted in 1962, to consolidate and centralize family-related legal proceedings. It operates in every county in New York State, including all five boroughs of New York City. Judges and court personnel receive specialized training to deal with sensitive matters such as child custody, child abuse, support, and more.

According to the New York State Unified Court System, Family Court receives over 600,000 filings annually, making it one of the busiest court systems in the state. With such a high volume of cases, it is important to understand how Family Court works, what types of cases it hears, and how to move through the process effectively. If you are involved in a Family Court matter, contacting an experienced New York family court lawyer can help ensure your rights are protected and improve your chances of a favorable outcome.

Family Court handles a wide range of legal issues that affect families and children. You may need to appear in Family Court if you're dealing with any of the following:

• Child Custody and Visitation. When parents separate or were never married, Family Court determines who has legal and physical custody of the child and sets visitation schedules for the non-custodial parent.
• Child Support or Spousal Support. Family Court issues and enforces support orders to ensure financial support for children or financially dependent spouses.
• Paternity. These cases establish legal fatherhood, which is necessary for child support, inheritance rights, and benefits.
• Adoption. Family Court finalizes adoptions and ensures all legal requirements are met to protect the child's best interests.
• Child Abuse or Neglect. If a parent or caregiver is accused of harming or failing to care for a child, Family Court may intervene to protect the child.
• Juvenile Delinquency. Minors accused of committing crimes may be referred to Family Court, where the focus is rehabilitation rather than punishment.
• PINS (Persons in Need of Supervision). Family Court helps families with minors who are habitually truant, disobedient, or engage in unmanageable behavior.
• Family Offense Proceedings. Family Court can issue orders of protection in cases involving domestic violence or abuse by a family member or intimate partner.
• Guardianship. When parents are unable to care for a child, Family Court can appoint a legal guardian.
• Foster Care and Permanency Hearings. For children placed in foster care, Family Court reviews the case regularly to determine the child's long-term plan.

If you are experiencing any of the situations above, Family Court may play an important role in protecting your rights and ensuring your family’s safety. Because Family Court proceedings are often complicated and emotionally charged, it's wise to consult with a knowledgeable New York family court lawyer.

Each category of cases in Family Court is governed by a specific article of the Family Court Act or the Domestic Relations Law. Below is a detailed breakdown of common types of cases.

• Child Custody and Visitation. Family Court decides both legal custody (decision-making authority) and physical custody (where the child lives). Visitation, sometimes called parenting time, outlines when the non-custodial parent spends time with the child. The court’s standard for custody decisions is the best interests of the child, guided by factors such as the child’s emotional needs, stability, parental fitness, and preferences (depending on age and maturity). See Domestic Relations Law § 70. In Eschbach v. Eschbach, 56 N.Y.2d 167 (1982), the New York Court of Appeals instructed courts to evaluate the totality of the circumstances when making custody determinations.
• Child and Spousal Support. Child support is calculated using the Child Support Standards Act (CSSA), found in Family Court Act § 413. The formula uses a percentage of parental income based on the number of children. The leading case Matter of Cassano v. Cassano, 85 N.Y.2d 649 (1995), held that the CSSA formula must be applied unless the court provides specific findings justifying a deviation. Spousal support (maintenance) is typically handled in Supreme Court, but can be ordered by Family Court on a temporary basis during a separation or pending divorce.
• Paternity. Paternity proceedings are governed by Family Court Act Article 5. Establishing paternity ensures a child can receive support, insurance, and inheritances. In Matter of Shondel J. v. Mark D., 7 N.Y.3d 320 (2006), the court upheld the doctrine of paternity by estoppel, recognizing a man as the legal father if he acted in that role, even absent biological ties.
• Adoption. Family Court has jurisdiction over adoptions under Domestic Relations Law §§ 110-117. In Matter of Jacob, 86 N.Y.2d 651 (1995), the court allowed same-sex partners to adopt each other's children, marking a milestone for LGBTQ+ parental rights.
• Child Abuse and Neglect (Article 10). Allegations of abuse or neglect are addressed under Family Court Act Article 10. The court can require services, remove a child, or in serious cases, terminate parental rights. In Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004), the court ruled that failure to prevent abuse by another person does not automatically constitute neglect.
• Juvenile Delinquency. Family Court hears juvenile cases under Family Court Act Article 3. These are for minors under 18 who allegedly commit offenses that would be crimes for adults. In a case that originated in New York Family Court, the U.S. Supreme Court case of In re Winship, 397 U.S. 358 (1970) established a critical protection for juveniles in delinquency proceedings. The Court ruled that the standard of proof required in these cases is "proof beyond a reasonable doubt," the same high standard used in adult criminal trials.
• PINS (Persons in Need of Supervision). These cases fall under Family Court Act Article 7. They address minors who are truant, disobedient, or ungovernable. The case of Martarella v. Kelley, 349 F. Supp. 575 (S.D.N.Y. 1972), emphasized the importance of providing appropriate services and treatment for PINS youth, rather than simply detaining them in a punitive environment.
• Family Offense Proceedings. Family offense petitions involve domestic violence or abuse and are governed by Family Court Act § 812. In Matter of Kadeem W. v. Pamela T., 2021 NY Slip Op 00238, the court issued an order of protection even in the absence of physical harm, recognizing emotional abuse.
• Guardianship. Family Court may appoint a guardian under Family Court Act Article 6 or Surrogate's Court Procedure Act provisions. Guardians are responsible for a child’s care, education, and health.
• Foster Care and Permanency Hearings. Under Family Court Act § 1089, the court conducts reviews to assess a foster child's status and develop a permanency plan (reunification, adoption, etc.).

Initiating a case in Family Court involves several key steps:

The first step is to draft a formal written document called a petition. This document explains the specific facts of your situation and clearly states the relief or outcome you are asking the court to order. It is critical to use the correct official form for the specific type of case you are filing. Common forms include:

• GF-17: Used for Custody and/or Visitation Petitions.
• GF-5: Used for Family Offense Petitions.

You can typically find all necessary forms on the "Forms" section of the New York State Unified Court System website or obtain them in person at the Family Court clerk’s office in the county where you intend to file. Be sure to complete the form accurately and provide all required information.

The completed form must submit it to the clerk’s office of the Family Court in the appropriate county. The correct county for filing generally depends on the type of case. For most cases involving children, you will typically file in the county where the child resides. However, for Family Offense cases, Family Court Act § 818, the petition must be filed in the county where the alleged family offense occurred or where any of the parties involved live. There may be a filing fee associated with filing the petition.

After your petition is filed, the other party involved in the case, known as the Respondent, must be formally notified about the lawsuit. This formal notification is called service of process. The Respondent must be served with a copy of the petition and a notice of the court date, informing them when and where they need to appear in court. Proper legal service is a critical requirement for a case to proceed. There are specific rules about how service must be carried out, which may involve personally delivering the documents to the Respondent, mailing them via certified mail, or, in some circumstances, using other methods authorized by the court.

Navigating the process of preparing and filing a petition, and ensuring proper service of process, can be complex and confusing, especially for individuals unfamiliar with the legal system. An experienced New York family court lawyer can provide invaluable assistance in ensuring your petition is accurate, filed in the correct location, and that the Respondent is properly served according to the law. This will help avoid potential delays or complications in your case.

When you appear for a hearing in Family Court, here’s what you can generally expect:

• No Jury: Cases are decided by judges or support magistrates.
• Evidence: Both parties can submit documents and witness testimony.
• Cross-Examination: You may question the other side’s witnesses.
• Decision: A ruling may be made immediately or issued later in writing.

Hearings are generally public, but may be closed to protect children’s privacy. Judges apply the “best interests” standard in all matters involving children.

Yes, in most cases, you have the right to appeal a final order issued by the Family Court. The appeal process is governed by Family Court Act § 1111 and Article 55 of the Civil Practice Law and Rules (CPLR). If you disagree with a decision made by the Family Court, you can appeal to the Appellate Division of the Supreme Court in the judicial department where the Family Court is located.

1. File a Notice of Appeal within 30 days.
2. Prepare the Record on Appeal, including transcripts.
3. Submit Legal Briefs with your legal arguments.
4. Attend Oral Argument if scheduled.

The Appellate Division primarily reviews the record for errors of law or whether the factual findings of the Family Court were supported by the weight of the credible evidence. Appeals are complex and should be handled by an experienced New York Family Court lawyer.

Q. Do I need a lawyer for Family Court?

A. You have the right to self-represent, but Family Court cases are complex. An attorney ensures your rights are protected.

Q. What’s the difference between legal and physical custody?

A. Legal custody involves decision-making. Physical custody refers to where the child primarily lives.

Q. How is child support calculated?

A. Based on the CSSA formula, which considers both parents’ income. Add-ons include childcare and healthcare expenses.

Q. What happens if someone violates a Family Court order?

A. You can file a violation petition with the court. If the court finds that a willful violation occurred, it may modify the existing order, impose fines, or even order incarceration. In some cases, particularly those involving orders of protection or repeated violations, the matter can be referred to criminal court and result in criminal charges, such as contempt or criminal contempt.

Q. Can Family Court orders be changed?

A. Yes, if there’s a substantial change in circumstances. A petition must be filed showing why a change is warranted.

Navigating Family Court can be stressful and confusing. At Stephen Bilkis & Associates, our experienced family court attorneys serving New York are here to help. Whether you need to initiate a case, respond to a petition, or appeal a decision, we will advocate for your best interests. Contact us today at 800.696.9529 for a free, no-obligation consultation. We proudly serve clients in Manhattan, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.