"Just wanted to say thank you so very much for not only doing your job but for helping us. Me and my child appreciate you. Although our case is not over I thank you for your work and for helping me to keep it together."
—C.R.
What happens in Family Court?
Despite popular belief, Family Court does not hear divorce actions. Family Court does hear many types of actions concerning families such as custody and visitation, child support, spousal support, paternity, orders of protection, adoptions, neglect and persons in need of supervisions.
The Firm typically handles cases in the areas of custody and visitation, child support, spousal support, paternity, orders of protection and adoptions.
The Firm typically handles cases in the areas of custody and visitation, child support, spousal support, paternity, orders of protection and adoptions.
The Petition
The Family Court aims to be friendly and accessible to the average person. The clerks in the Family Court will even help you file a petition and tell you how to have your petition served on your spouse or co-parent. Despite the apparent ease of this process, do not underrate the importance of completing the petition correctly. For example, if you are trying to modify child support or custody, you need to assert a legal basis that will allow the court to hear your case on why child support or custody should be modified. If you need help filling in the petition, you can retain the Firm for representation with your entire case or just to help you complete the petition.
The First Appearance
When you go to Family Court for the first time, you should be prepared with your case, be prepared to wait your turn and be prepared to wait until the next court appearance. At the first appearance, the court needs to take care of a few preliminary matters. In legal jargon, the court needs to address jurisdiction (does the court have authority over the respondent?), legal representation (does either party need additional time to retain an attorney?) and consent (for a referee to hear your case) in certain circumstances. Sometimes these preliminary matters delay your case. If these preliminary matters do not delay your case, be prepared! When it comes to court appearances, you can retain the Firm to be there with you or you can retain the Firm to prepare you for the court appearance while you represent yourself in court.
What Happens Next?
It depends. Each type of case follows a different pattern. In almost all cases the court will encourage a settlement of the issues. If a settlement is not possible, the court will hear the case and make a decision. For example, in a family offense case, the parties can agree to the order of protection terms. In a support case, the parties can agree to the amount of support due. In a custody case, the parties can agree to an access schedule. Again, the Firm can represent you in court, guide you through the process or help you negotiate a resolution.
Litigation should be a last resort, not a knee-jerk reflex.
—Irving S. Shapiro
We serve the following localities: Manhattan, Bronx, Brooklyn, Queens
*Will take cases in other counties by special arrangement
Disclaimer: Thank you for visiting our website. Pursuant to New York’s Rules of Professional Conduct, this website is ATTORNEY ADVERTISING. While we hope you find the website useful, you do not create an attorney-client relationship by visiting this website, downloading any of the materials on this website or contacting this Firm.
Do not rely on the information provided instead of consulting with an attorney. Each case is fact specific. It is important for you to consult with an attorney for your individual case.
*Will take cases in other counties by special arrangement
Disclaimer: Thank you for visiting our website. Pursuant to New York’s Rules of Professional Conduct, this website is ATTORNEY ADVERTISING. While we hope you find the website useful, you do not create an attorney-client relationship by visiting this website, downloading any of the materials on this website or contacting this Firm.
Do not rely on the information provided instead of consulting with an attorney. Each case is fact specific. It is important for you to consult with an attorney for your individual case.
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