A New York state family court was created to take action in the lives of children, parents, and spouses. A court of this type has wide-ranging powers. Its statutes and rules set forth specific types of cases it can hear. Each case is assigned a docket number and starts with a letter. For example, a paternity case is assigned a docket number beginning with the letter “P.”
The process begins with the filing of a petition. A petition is a sworn statement of facts filed in family court. Unless a person has legal representation, they must file a petition themselves. However, a County Attorney drafts petitions for juvenile delinquency cases. After the petition is filed with the Family Court Clerk, the clerk will schedule the first hearing. Once the date of the first hearing is set, the case will proceed to a dispositional hearing.
Once a decision has been made by a judge, either party can appeal the decision. An appeal will allow the higher court to review the testimony and evidence presented in the Family Court hearing. Appeals of support magistrate decisions are filed by filing an objection to the decision, and the Family Court judge will review the decision. Appeals can result in the decision being left as is, modified, or reversed. If you feel that the decision is unfair, file an appeal.
If your child is removed from your home, a petition to return the child to the parents must be filed in Family Court. This petition must include instructions for serving the child. A parent may request an expedited hearing, which is called a Return of Child hearing. The court must hear the petition within a year. It is important to note that parents who file petitions in family court have the right to hire a lawyer.
