New York Family Court cases involve legal issues related to families such as dissolution of marriage, child custody disputes, visitation rights disputes and paternity matters, as well as setting financial support obligations. Furthermore, it makes orders regarding children’s health and wellbeing.
Experienced attorneys are ready and waiting to assist with the Family Court process and safeguard your rights. Contact us to set up a consultation.
1. Child Custody Cases
Decisions surrounding child custody are of the utmost importance during any divorce or separation. Courts consider various factors when making their ruling; their primary consideration being what is in the best interests of the child.
Abuse or neglect is often the root of many child custody disputes, with Family Court finding of such abuse or neglect and criminal court verdict relating to endangering children often leading to the removal of custody for an abusive parent. False allegations may also play a part; if accused can demonstrate repentance and commitment towards change, false accusations could possibly be dropped altogether.
Siblings often play an integral part in custody decisions. Maintaining their ties is often in the children’s best interests. Furthermore, home environments also play a part in this decision-making process; an untidy home could be seen as detrimental, while any evidence of willful interference between children and the other parent should also be taken into consideration.
2. Divorce Cases
As only about five percent of divorce cases require going all the way to trial, these proceedings can often become drawn-out and expensive affairs. There may be many reasons for this to occur, ranging from domestic violence to one spouse hiding financial assets – going to trial can be both time consuming and expensive.
Both parties must submit evidence, including documents and expert witnesses or experts, before appearing before a judge for review and rulings on contested issues such as custody, visitation rights, property division and support payments.
Collaboration, mediation and arbitration may all provide viable alternatives to court trials for couples who are willing to work together during their divorce proceedings. These methods emphasize cooperation and open communication for an expeditious resolution process. A third option available to couples seeking divorced is arbitration which utilizes an experienced family law attorney or retired judge as a neutral arbitrator to expedite matters more rapidly than an average jury trial would.
3. Child Support Cases
Family Court is typically used to handle child support cases in New York. When parents cannot reach an agreement about support themselves, they file a child support petition with Family Court and it will be heard by either a judge or support magistrate who determines how much is owed and decide how best to collect payment from each party involved.
Courts frequently consider the standard of living enjoyed by children prior to their parent’s divorce, including housing costs, childcare and healthcare needs. Furthermore, law attempts to balance this need with each parent’s other responsibilities and financial obligations.
Parents are required to provide full and accurate financial disclosures to the court as part of this process, as well as attend all hearings. Uncooperative parents or those misrepresenting information can cause many difficulties throughout this process; it is therefore wise to have an experienced legal guide assist them through it successfully.
4. Adoption Cases
Contested adoption cases often result in disputes among legal parents regarding whether or not they can provide adequate care to a child, which can slow the process down significantly.
A court must determine whether to terminate one parent’s rights and, if so, determine whether that parent failed to fulfill “ordinary and reasonable parental functions of care and support for a child”.
Court staff will often refer parents to programs for parenting classes, counseling services, drug treatment and housing assistance. Sometimes these services can be helpful; other times parents might spend half a year waiting listing for an ineffective therapist three subway rides away from home.
Family Court proceedings are public proceedings unless specifically covered by laws that provide privacy or confidentiality in certain situations. It is wise to consult your lawyer prior to speaking out in court; they can advise what may help and hinder your case.
