What can you expect if you have a case in New York Family Court? family court judge

Navigating the New York Family Court system can be a daunting task, especially for those who are unfamiliar with the process. Here are five important things you should know about the New York Family Court:

1. Jurisdiction:

The Family Court in New York has jurisdiction over various legal matters relating to families and children. These can include child custody and visitation, child support, spousal support, domestic violence, guardianship, and paternity issues. It is important to note that the Family Court does not handle divorce cases, which are typically heard in the Supreme Court.

2. Procedures:

The procedures in Family Court are different from those in other courts. Cases are often heard by a single judge, and there are often additional support services available to families, such as mediation and counseling. It is important to familiarize yourself with the specific procedures of the Family Court before your first appearance.

3. Legal Representation:

While you are not required to have a lawyer in Family Court, it is highly recommended that you seek legal representation, especially for complex or contentious issues. If you cannot afford a lawyer, you may be eligible for free legal services through organizations such as Legal Aid Society.

4. Confidentiality:

Family Court cases are generally confidential, meaning that the proceedings are not open to the public. This can help protect the privacy and safety of parties involved in sensitive family matters. However, certain information may still be accessible by authorized parties, such as the attorneys involved in the case.

5. Enforcement:

Once a court order is made in Family Court, it is legally binding and enforceable. This means that if one party fails to comply with the court's decision, the other party may seek enforcement through the court. This can include actions such as wage garnishment for child support payments or a restraining order for violations of an order of protection.

Overall, understanding the workings of the New York Family Court system is crucial for anyone involved in family law matters. By knowing these key points, you can better navigate the process and ensure that your rights and interests are protected.  

Now that you know the basics, here are some things you should know to help you get started.

Seek the Guidance of a Family Lawyer in Brooklyn

While the divorce process can create several emotional issues, there are decisions that have to be made and actions taken with a clear mind. One needs the professional guidance of an attorney knowledgeable in all aspects of divorce.

For residents of New York City, retaining the services of an experienced Brooklyn family lawyer can be beneficial at this critical time. This is especially true if children are involved. Your attorney can advise you prior to the family court appearance so you know what to expect when that day arrives.

Work as a Team

Your Brooklyn family lawyer is knowledgeable about all aspects of divorce, child custody, and support laws. Their knowledge of the legal process in family court will help you navigate these complex laws. You and your attorney have a common goal: what’s best for you and your children.

Make a Good Impression in Court

Although court cases should be decided solely on the facts of the case, the appearance and behavior of those appearing in court can influence the outcome of the case. Make sure that you are neatly groomed and wear dark, conservative clothing with long-sleeve shirts or blouses with closed-toe shoes. Emotions should be controlled as any sort of outburst can have a negative impact on outcome of your case.

Past Behavior is Considered

According to a Brooklyn family lawyer, your past behaviors will also impact the judge’s decisions. Any history of domestic violence will dramatically affect rulings on child visitation and custody. Incidents involving other types of disruptive behaviors or a history of substance abuse will also impact the outcome of a family court case.  Judge's don't like it if you make the child a pawn in your fight with your former spouse, and they will take that into account in making determinations about custody and visitation.

The Child’s View Makes a Difference

The judge will want to consider the feelings of the children regarding custody and visitation. They may speak to the child privately if he is old enough and able to comprehend the situation. If this is not the case, the judge may appoint a neutral law guardian to speak on behalf of the child. Remember, the Family Court is designed to protect the best interests of the child, so keep that in mind when you deal with the other parent.

Demonstrate Good Communication with the other parent

You will be asked and expected to have good communications with the other parent. Be honest with your Brooklyn family lawyer about any information that can affect your case.

If you have any questions about family court, Alatsas Law Firm can help. Call today at (718)-233-2903 or fill out a contact form.

Ted Alatsas
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Trusted Brooklyn, New York Family Law Attorney helping NY residents with Elder Law and Asset Protection