Family Court handles cases that involve children, their parents and other members of their immediate families involving issues related to custody and visitation arrangements, spousal support arrangements and any potential child abuse or neglect proceedings.
Appeal any decision of the Family Court with our appellate courts. Appeals involve reviewing records and decisions of the lower court to identify potential violations in law or fact that occurred therein.
Child Custody and Visitation
Family Court judges make decisions regarding children and their parents. This may involve issues of custody and visitation arrangements. Judges often refer cases to mediation to help resolve conflicts without litigation being necessary.
Custody decisions focus on what’s in the best interest of the child. A judge will examine factors like a parent’s health, stability and suitability for caring for a child as well as domestic violence issues. Judges may award sole legal custody to one parent or split it evenly among both. In cases of joint legal custody arrangements both parents must consult together when making major decisions concerning religious upbringing, medical treatment and education issues for their child.
The judge will also assign time with their children for noncustodial parents who don’t share custody, though in cases of abusive behaviour this could require either supervised visitation or no contact whatsoever with that parent.
Child Support
Courts determine child support orders according to each case’s specific circumstances, for instance where Dad earns $1 Million while Mom only brings in $45,000 annually. When making decisions regarding child support orders, courts attempt to balance each child’s needs against that of each parent as well as what quality of living would have existed had their parents not divorced.
The court determines each parent’s income by reviewing recent tax returns, considering additional sources of income, and adjusting for additional costs such as childcare and health care expenses. They also take into consideration whether or not the basic guideline amount is fair.
Each party generally has the right to appeal a judge’s ruling through the Appellate Division, so hiring an attorney can ensure your rights are safeguarded.
Paternity
When a child is born of unmarried parents, the biological father does not become legally recognized until either he signs an acknowledgment of paternity (usually done at the hospital during delivery) or an “order of filiation” is entered by Family Court. A petition can be filed by either mother, alleged father, or even in some instances by Department of Social Services.
Before court appearance, it is imperative that both parties receive copies of the petition and summons from someone who can complete an affidavit of service confirming delivery. Failure to properly serve an opposing party could delay or even stop your case, while Family Court and Supreme Court matrimonial cases generally remain open to public viewing; however judges and support magistrates have the discretion to exclude hearings in certain circumstances.
Adoption
Adoption is the legal transfer of parental rights and responsibilities between families. Children adopted through Family Court can include single children or siblings; of any race or background; with medical conditions that affect physical development as well as psychological issues that require treatment; any of which must meet all laws as well as serving in their best interest. Adoption proceedings are overseen by the court in order to ensure all regulations are adhered to and their best interests served.
The court will evaluate an extensive investigatory report to assess a petitioner’s suitability as a parent, taking into account factors like religious and social history; financial status; ability to care for child; family stability as well as whether there are federal/state subsidy programs for adoptions that might provide assistance. Adoptions can either be finalized through Family Court or Supreme Court.
Juvenile Delinquency
Juvenile delinquency cases are handled in Family Court under Article 3 of the Family Court Act. These involve children accused of engaging in behaviors which would constitute criminal offences if committed by adults. A prosecuting attorney from New York City Law Department’s Assistant Corporation Counsel office prepares a petition detailing all suspected offending behaviors before holding what’s known as a “fact-finding hearing”, similar to an adult criminal trial but without jury involvement.
Delinquency encompasses a spectrum of behaviors which vary greatly around the world in their treatment, from alcohol consumption and truancy being considered crimes in some countries to not being treated as such in others. Furthermore, children in trouble with law are often exposed to traumatising experiences and have poor mental health; improved models that include therapeutic staff on-site are required as well as holistic approaches towards child cases which include services provided specifically for their welfare.