Cases Handled in New York Family Court

New York Family Court Attorney

The Family Courts in New York handle various legal matters related to the family. This includes cases involving parents, spouses and children.

Child Abuse and Neglect (Child Protective Proceedings) – these cases involve a child who is less than 18 years old who has been abused or neglected or is in danger of abuse or neglect. A petition may be filed to the Family Court to assist in protecting the child. The Administration for Children’s Services handles these cases in New York City.

Adoption – the New York Family Courts take on cases involving the adoption of a child, whether this is through private placement or an agency.

Child Custody and Visitation – Orders of Custody and Orders of Visitation are addressed in Family Court and involve requesting that a child be placed in one’s custody or establishing a visitation schedule with a child. A parent, step-parent, grandparent or in some situations another close relative may initiate these proceedings.

Child Support and Spousal Support – the Family Court also oversees matters involving petitions for child support or spousal support, as well as the enforcement or modification of existing orders.

Domestic Violence – a person who has been the victim of domestic violence may file a petition in Family Court for an order of protection. The court may consider various issues in issuing a temporary order of protection; these orders may require that the alleged abuser refrain from contacting or coming within a certain distance of the victim.

Foster Care Approval and Review – a child in the care of the Administration for Children’s Services may be placed in foster care. The parent may still have legal rights to the child, but does not have physical custody of the child. The Family Court handles the approval and review of foster care issues in New York.

Guardianship – an adult relative, family friend, child-protective agency or a child him or herself (when over the age of 14) may petition for guardianship. A guardian has the authority of caring for a child. The Family Court has the authority to approve these petitions and appoint guardians for children in need.

Juvenile Delinquency – if a child is 7 to 15 years old and commits a crime, he or she may be considered a “juvenile delinquent.” Juvenile delinquency cases are heard in Family Court, except in cases where a child who is 13, 14 or 15 years old has committed a serious or violent act that will result in trial as an adult in Supreme Court.

Persons in Need of Supervision (PINS) – when a child under 18 years old does not attend school or behaves in a generally reckless or dangerous manner, this child may be considered a Person in Need of Supervision. The Family Court oversees all PINS proceedings to determine how to resolve these problems.

Paternity – the Family Courts in New York also oversee all proceedings regarding the establishment or disestablishment of paternity.

Divorce matters are not heard in Family Court but rather are addressed in the Matrimonial Department of the New York Supreme Court in the county where you live.

To find out how we can help with your case, contact a New York Family Court Lawyer at the Law Offices of Brian D. Perskin today.