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Family Law
We are extremely experienced in handling Family Court matters; we have great success in the Family Court, and would be happy to help you with a case pending in the Family Court.
New York has family related matters in two courts: The divorces are handled by the Supreme Court, but most other family matters are handled by the Family Court.
We handle the following kinds of cases that are often Family Court matters:
- Child support
- Child custody, visitation and parenting plans
- Protective Orders where domestic violence has occurred or is alleged
- Adoptions
- Guardianship of minor children
- Child Abuse and Neglect proceedings brought by the Department of Family and Community Services of New York State
The Family Court also handles Petitions for supervision of minors, and Juvenile Delinquency proceedings, but we rarely get involved in those matters.
SHOULD YOU GO TO FAMILY COURT OR SUPREME COURT?
When a couple is divorcing, they have a choice of whether to have their child related issues heard in Family or Supreme Court. The Supreme Court is the only court to handle the entire divorce matter, but the Family Court is best suited to deal with complex custody matters, rather than the Supreme Court. There are times where it is best to file for custody and support in Family Court first, and then proceed to Supreme for the remaining issues of the divorce. Only by consulting with an attorney will you know what is the best way to proceed in your particular case. The lawyers in our firm are very experienced and can assist you in making the best procedural decision for you and your children, and can guide your through the entire process, regardless of what court you end up in.
HOW DOES FAMILY COURT WORK?
Proceedings in Family Court require the physical appearance of both parties and their attorneys at virtually all Court dates. Cases generally begin with what is called a “first appearance”, at which time the Judge determines whether any temporary court orders are appropriate, whether a lawyer needs to be appointed for the children, and sets a schedule for the continuation of the case. The Judges also generally try to determine if the matter can be settled without any further Court involvement. Court appearances and hearings (also called trials) are scheduled as necessary to resolve the case.
HOW SHOULD I PREPARE FOR FAMILY COURT?
Sometimes it is necessary for the lawyer and client to spend a lot of time preparing for a Family Court appearance, in which case you will work with your lawyer and perhaps our paralegal, to be ready for Court. Even when a lot of preparation is not necessary, our general practice is to have an in person meeting or at least a telephone call with any client who has a Family Court appearance ahead of time to be sure we have all the information we need and you are alerted to what might happen by your attorney prior to the appearance.
You should plan to dress conservatively for Court, and do your best to ask any questions you have about what to expect ahead of time.
You should do your best to put your best foot forward while in Court.
HOW LONG WILL A COURT APPEARANCE TAKE?
Any Family Court appearance is a time consuming event. If your case is scheduled for the morning, assume you will be there until 12:30 pm. If your case is scheduled for the afternoon, assume you will be there until 4:30 pm. Even if your matter takes very little time in front of the Judge or Magistrate, the Court is often congested and you cannot count on getting out quickly. Bring something to read because you might be sitting in the waiting room for a long time.
WHAT IS A “LAWYER FOR THE CHILD”? WILL MY CHILDREN HAVE TO GO TO COURT?
The Court generally appoints a “lawyer for the child” in cases where a child’s voice is needed in the proceedings, especially in custody and parenting plan cases. Although children rarely are required to go to Court, and their “lawyer” speaks for them, in some visitation and custody cases the Family Court Judge directs that the children meet with the Judge and their “lawyer”. A “lawyer for the child”, if appointed, will meet with your child or children, and will represent their point of view in the court proceedings.
Protective Orders
If you or your family members are experiencing an immediate act of violence, you should immediately call the police for their assistance. If you need help being represented in a Family Court Family Offense Proceeding, you should call our firm.
Many families experience some conflict, and sometimes that conflict can become physically or emotionally dangerous. The Court offers protection to victims of domestic violence through the issuance of either a criminal or civil Order of Protection. If you prefer to avoid the criminal courts, you can still get an Order from the Family Court. Whether such an Order is appropriate in any individual case depends on the facts and circumstances. Having legal representation, whether you feel that you are the victim or you have been accused of domestic violence is very helpful; our firm provides such representation.
Domestic violence is more than just physical violence. When a person does things to control someone else in an intimate relationship, it can become abusive. A shift in power can happen so slowly over time that the other person may not even remember when it happened; it can also happen quickly after some sort of commitment or a change in the relationship. Domestic violence can involve abuse or violence against children, parents, or the elderly. It takes a number of forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual abuse.
Physical assaults are never appropriate, and the Court will intervene whenever an assault has occurred. The Courts have the power to exclude someone from the residence, exclude someone from any contact with a partner or children, and can also issue a more limited order restricting someone from certain behaviors. Not every Order of Protection requires that someone move out.
We can help you figure out what might work best in your situation. Contact us for a consultation if you want to explore your alternatives.
Other community resources for dealing with Domestic Disputes:
Family Services, Inc 24 Hour Hotline: 845-485-5550
29 North Hamilton Street
Poughkeepsie, New York 12601
For Victims: Center for Victim Safety and Support (CVSS)
CVSS provides 24 hour non-residential, comprehensive services to victims of domestic violence, sexual assault, and other crimes. They operate under the guidelines of a victim-centered approach, supporting victims’ rights, dignity, autonomy, and self-determination.
For Offenders: Domestic Violence Offender Project (DVOP)
The DVOP is designed to work with domestic violence offenders in our community with the goal of reducing violence, recidivism, and interrupting the escalation of violence. The DVOP also provides a connection to case management services for offenders. If you have been restricted from access to your children, this program might be helpful.
Grace Smith House: Shelter Services: Hotline: 845-471-3033
https://www.gracesmithhouse.org
All Grace Smith House services are free and confidential for victims of domestic violence.
Crisis Intervention: 24-hour crisis hotline to help victims assess their individual situation, assist in creating a safety plan for themselves and their children, and understand options available. Referrals and information about our services are available.
Counseling & Support Groups: Offer individual and group counseling for victims of domestic violence. Trained counselors facilitate groups for victims and survivors to help acknowledge their experiences of violence and learn non-violent methods of problem solving and communication.
Shelter: Grace Smith House operates secure emergency housing for individuals and their children, staffed and open 24 hours a day, 7 days a week. Assistance with meals, transportation, employment, housing, and counseling services are provided.
NY State Coalition Against Domestic Violence:
The State And National Domestic Violence Hotline Numbers Are:
New York State Domestic Violence 24 Hour Hotline (English & español/Multi-language accessibility): 1-800-942-6906 or 711 for Deaf or Hard of Hearing
National Domestic Violence 24 Hour Hotline 1-800-799-7233 or 1-800-787-3224 (TTY)
National Deaf Hotline Videophone 9am-5pm M-F 1-855-812-1001 or deafhelp@thehotline.org