What This Practice Covers
Family Court is its own world. The procedures, the language and the pace differ from other courts, and the matters that come before it are often the ones people care about most.
Family law matters frequently arrive suddenly: a petition is served, an order is issued, or a circumstance changes and an existing arrangement no longer works. The response usually has a schedule attached to it, which is why these matters are worth discussing quickly rather than after the next appearance.
Custody and visitation questions turn on the specific circumstances of the children and the parents. Support questions turn on income, existing obligations and applicable guidelines. Downward modification — asking a court to reduce an existing support obligation — requires showing a genuine change in circumstances, and how that showing is made matters.
Orders of protection are handled with particular care, because they affect where a person may live, whom they may contact and, sometimes, their employment. If anyone is in immediate physical danger, call 911 first; the legal process comes after safety.
Matters That Come Before Family Court
Family Court has its own procedures, its own vocabulary and its own pace. The matters it hears are also, for most people, the ones they care about most. These are the situations that most often arrive here.
A custody or visitation petition has been served
A petition comes with an appearance date, and that date is set by the court rather than by the parties. What gets accomplished at an early appearance depends almost entirely on what was prepared beforehand: the papers, the timeline and a clear account of the current arrangement.
An existing support obligation has become unaffordable
Asking a court to reduce an existing support order is a proceeding of its own, and it requires showing that circumstances have genuinely changed since the order was made. How that change is documented matters, and continuing to pay nothing while waiting is generally the worst available option.
An order is not being followed
An order only helps if it is honored. When custody time, visitation or support is not happening as ordered, enforcement is its own proceeding with its own evidence. Keeping a contemporaneous record of what actually occurred, and when, is the single most useful thing a parent can do.
An order of protection is sought or has been issued
Orders of protection affect where a person may live, whom they may contact and sometimes their employment. They are handled with care on both sides. If anyone is in immediate physical danger, call 911 first — the legal process follows safety, not the other way around.
Paternity has to be established
Paternity proceedings frequently sit underneath custody and support questions, and resolving them changes what else becomes available. Where paternity is contested, the procedure and the evidence are specific and worth understanding before an appearance.
Read the order you already have. Existing custody, visitation, support and protection orders have terms and expiration dates written into them. Many disputes turn out to be disputes about what the order actually says. Bring the order itself, not a description of it.
Family Court appearances happen on the court's schedule
If a petition has been served or an appearance date is approaching, preparation is what determines how that appearance goes.
Common Matters Handled
These are the kinds of matters the office handles in this area. Whether the firm can accept a specific matter depends on its facts, the jurisdiction involved and the results of a conflict check.
- Custody and visitation petitions
- Modifications of existing custody or visitation orders
- Petitions for child support
- Downward modification of support obligations
- Enforcement of existing orders
- Orders of protection, including in Family Court
- Paternity proceedings
- Related proceedings arising from a divorce
How These Matters Usually Proceed
- Bring the papers and the dates. Every petition, order and notice, with the date each was received and the date of the next scheduled appearance.
- Establish what changed. In modification matters especially, the question is what is different now compared with when the existing order was made.
- Prepare for the appearance. Family Court appearances are often short. What gets accomplished depends heavily on what was prepared beforehand.
- Follow through on the order. An order only helps if it is understood and followed. Where it is not, enforcement is its own proceeding.
What to bring to a family law consultation
- Every petition, order and notice, with the date each was received
- The date, time and location of any scheduled appearance
- A written timeline of the events that concern you
- Records of support paid or received, if support is at issue
- Documentation of any change in income or circumstances
- Names of everyone involved, so the office can run a conflict check
Family Law — Frequently Asked Questions
I was served with a Family Court petition. What now?
Note the date on the notice and the date of the scheduled appearance, keep every page including the envelope, and speak with an attorney before that date. Appearances in Family Court happen on the court's schedule, not yours.
Can a support order be changed?
A modification requires a proceeding and a showing that circumstances have changed. Whether a particular change qualifies depends on the facts and on the terms of the existing order.
Who decides custody?
If parents agree, an agreement can be presented to the court. If they do not, the court decides based on the standards New York applies to custody determinations, considering the circumstances of the particular family.
Is an order of protection permanent?
Orders of protection have terms, and those terms are set by the court that issued them. Read the order carefully, note its expiration date, and speak with an attorney about anything in it you do not understand.
These answers are general and educational. They are not legal advice, they do not address your particular situation, and reading them does not create an attorney-client relationship. Laws, deadlines and procedures vary by jurisdiction and by the facts of each matter.