FAMILY COURT
Family Court has jurisdiction over child custody, child support, spousal support (when divorce action not already commenced), paternity, adoption, child neglect/abuse and PINS (persons in need of supervision).
The one common thread throughout all of these proceedings is the best interests of the child. When a petition is filed in family court (except for support petitions), an Attorney for the Child is appointed by the Court to represent the child's interests. The Court's difficult job is to look at the evidence presented and make a ruling on what is in the best interests of the child. Of course some people come into family court and are in complete agreement as to custody/support arrangements in which case a stipulation on the record or a written stipulation can resolve the matter with very little fuss.
Although Family Court can be more user-friendly than most other courts, especially if the parties are in agreement, some issues are best approached with an attorney by your side. Some cases involve complicated legal issues that an attorney is best able to handle for you.
Common issues in Family Court:
Modification of a prior Order of custody or support - Family Court Orders may be modified based on a "substantial change in circumstances". In other words, something is different now, that was not existing at the time of the prior court order. And the change must be "substantial", not minor or inconsequential.
Grandparents visitation - Grandparents do have the right to petition for visitation if they can establish that they already have an established relationship with the child and it is in the child's best interest.
Custody of a child to a person not the biological parent - New York recognizes that the rights of the biological parent to custody of their child is superior to that of any other individual. Therefore, unless the biological parents agree to the custody arrangement, a non-biological parent must prove "extraordinary circumstances" even before the Court addresses the issue of best interests of the child. These cases are often difficult and each case is different in terms of its own set of facts. If you are considering such a petition, please ask for legal advice from an attorney. These are not cases that you should handle on your own.
Relocation of one parent to another state with the child - These are also difficult cases and the court looks to many factors to determine when the parent should be allowed to relocate. What makes this kind of case difficult, is the obvious concern that the person who is not moving may lose meaningful
visitation rights that he/she otherwise had and the move may make it very difficult for the non-moving parent to maintain the same kind of relationship with the child. Again, this is not a case that you should handle on your own and should seek the advice of an attorney.
TO DISCUSS YOUR SITUATION AND FIND OUT WHAT YOUR
OPTIONS ARE, CALL ME FOR A FREE CONSULTATION.
518-378-1043
The one common thread throughout all of these proceedings is the best interests of the child. When a petition is filed in family court (except for support petitions), an Attorney for the Child is appointed by the Court to represent the child's interests. The Court's difficult job is to look at the evidence presented and make a ruling on what is in the best interests of the child. Of course some people come into family court and are in complete agreement as to custody/support arrangements in which case a stipulation on the record or a written stipulation can resolve the matter with very little fuss.
Although Family Court can be more user-friendly than most other courts, especially if the parties are in agreement, some issues are best approached with an attorney by your side. Some cases involve complicated legal issues that an attorney is best able to handle for you.
Common issues in Family Court:
Modification of a prior Order of custody or support - Family Court Orders may be modified based on a "substantial change in circumstances". In other words, something is different now, that was not existing at the time of the prior court order. And the change must be "substantial", not minor or inconsequential.
Grandparents visitation - Grandparents do have the right to petition for visitation if they can establish that they already have an established relationship with the child and it is in the child's best interest.
Custody of a child to a person not the biological parent - New York recognizes that the rights of the biological parent to custody of their child is superior to that of any other individual. Therefore, unless the biological parents agree to the custody arrangement, a non-biological parent must prove "extraordinary circumstances" even before the Court addresses the issue of best interests of the child. These cases are often difficult and each case is different in terms of its own set of facts. If you are considering such a petition, please ask for legal advice from an attorney. These are not cases that you should handle on your own.
Relocation of one parent to another state with the child - These are also difficult cases and the court looks to many factors to determine when the parent should be allowed to relocate. What makes this kind of case difficult, is the obvious concern that the person who is not moving may lose meaningful
visitation rights that he/she otherwise had and the move may make it very difficult for the non-moving parent to maintain the same kind of relationship with the child. Again, this is not a case that you should handle on your own and should seek the advice of an attorney.
TO DISCUSS YOUR SITUATION AND FIND OUT WHAT YOUR
OPTIONS ARE, CALL ME FOR A FREE CONSULTATION.
518-378-1043