Family Law Cases – What Happens When You Bring a Case to Family Court?

At Family Court, cases related to family matters and domestic relations are heard, including proceedings related to custody/visitation/parenting time/support issues/orders of protection/cases of abuse/neglect.

Family Courts differ significantly from Supreme or Criminal courts, so this guide will help you better understand their differences.

What happens in Family Court?

As is commonly understood, Family Court handles matters related to children and families; if filing for divorce is involved, that must take place in Supreme Court instead. Once your contested custody case has been filed in Family Court, the judge will set a date for a first custody hearing and may or may not hold mediation; both parents must attend this session in good faith for mediation sessions if held. Ultimately, they listen to both parent’s recommendations as well as that from a child evaluator before making their final order based on what best serves their child.

Family courts and California child custody laws take allegations of abuse seriously. A judge usually requires substantial independent corroboration of physical abuse; such evidence could include police reports, social worker reports, medical records and hospital reports. Furthermore, they will review any prior domestic or sexual violence by either parent making allegations.

If a judge determines there is an imminent risk to a child, they may order supervised visitation or limit a parent’s rights – although this occurs rarely. Furthermore, any parent making false accusations of child abuse or neglect could face monetarily sanctioned measures; please see Sanctions for False Abuse Allegations in Family Law for more details.

People often assume that judges will simply “follow the rules” in child custody cases, but that may not always be true. A judge will evaluate all available evidence, while also taking into account any similar decisions from this same judge in similar cases. A judge may or may not follow mediators’ recommendations without taking them into consideration as much as possible.

Trials typically last one or more days and involve witnesses testifying and exhibits being presented before the judge for questioning by both sides. Witnesses will provide testimony while exhibits are displayed; after questioning witnesses the judge may or may not hear arguments from both sides; trials usually last less than a day but can last several. Parents and their attorneys should dress appropriately when attending court; most judges offer free childcare during court sessions while their parents attend their case and most family courts provide self-help booklets explaining procedures and rules of their courts which you can find on the Judicial Branch website or at local courthouses.

Who gets a lawyer in Family Court?

Family Court provides both parties involved with legal assistance. In the case of children’s cases, a judge will appoint a law guardian who will represent your child either through his/her office or privately. When it comes to restraining orders and orders of protection cases, assistant county attorneys or district attorneys present facts before the judge in their legal capacity.

Courts also appoint lawyers for parents or parties who cannot afford one, after reviewing your finances and making a determination of how much money must be set aside for attorney costs. If you disagree with their decision, however, a hearing may be requested where both sides can present evidence before making their final decisions.

When dealing with child custody or visitation cases, the judge will make decisions about where your children should live and how often you can see them. He or she will also consider any wishes expressed by your children themselves if old enough. In certain circumstances, one parent can even be granted final decision-making authority, giving them control over issues like medical treatment, education and religious upbringing.

Filing a petition seeking a restraining order or order of protection in Family Court can also help, alleging domestic violence or sexual offense against you and/or your children or another family member. If the allegations presented at hearing can be proven true, then a judge will issue such an order of protection against such activities.

Family Court is also where you can file for divorce, annulment or separation proceedings. Once your marriage has come to an end, orders regarding property, alimony and child custody will be issued by the court. In cases of abuse or neglect it can order termination of parental rights as well as grant adoption where an unrelated adult becomes the legal parent of a child. Furthermore Family Court handles many other issues like restraining orders/orders of protection/paternity determination/juvenile delinquency cases which require professional guidance during this complex process – hiring an experienced family court lawyer will guide you through this complex process successfully.

What happens at a hearing in Family Court?

A judge will review all aspects of your case before rendering a ruling. They may consider testimony from both parties and witnesses such as relatives, nannies, family friends, neighbors, teachers and social workers as well as recorded statements or documents before reaching their decision based on “best interests of the child.”

The Judge may order that the respondent live at home under supervision and comply with terms of a “community service” program, including setting conditions of release such as curfew, monitoring school attendance or community service participation and use of an electronic monitoring device. They may also order Family Court Mental Health Services at NYC Health and Hospitals to create a mental health study on them.

At a first hearing, the judge will typically ask each party to present their side of the story and will often appoint a special lawyer known as a “law guardian” to investigate and may speak with parties, interview witnesses and review pertinent documentation before providing recommendations to the Judge which can often determine how their cases end up resolved – particularly custody disputes.

Paternity cases serve the same function, in that they determine a father’s rights to visitation and custody of his child or former spouse. A judge may also order that this man pay support until his child turns 18.

Family Court gives most people who appear before it the option of hiring their own attorney or seeking legal assistance at no cost from Cornell Legal Aid and neighborhood legal service groups. Cornell Legal Aid also provides free legal aid for people who cannot afford private lawyers. Furthermore, accommodations will also be made for people with disabilities – more details on this can be found under “Requesting Accommodations.” Additionally, this website hosts a self-help center which has forms and other resources you need in order to represent yourself without hiring a lawyer.

What happens in a trial in Family Court?

Petitioners or litigants that bring cases before Family Court are known as petitioners or litigants. When child custody or visitation matters are being considered, usually one parent will act as the petitioner while against whom it’s filed will become known as Respondents. Once filed in Family Court, petitions begin the process by which judges determine what should happen next.

When petitions for custody and visitation arise, judges will take into account who will have final decision-making authority (often called parenting time) over children’s healthcare, education, religious upbringing, support payments as well as any necessary arrangements related to child support or spousal support payments. Furthermore, should any abuse occur the court can remove that child from one parent’s care; alternatively it can order protection of their person and property by an order from them and other authorities.

Family Court judges conduct fact-finding hearings when allegations of abuse, neglect or PINS have been brought before them. While no jury is present during these hearings, judges can assess if evidence presented at these hearings proves the charges that are being made in petitions filed with Family Court. If enough proof exists to satisfy a judge that these allegations have merit then disposition stage can begin in full force.

At this stage, a Family Court judge will make decisions regarding what should be done about Respondent, such as confining them to an institution such as a children’s home or placing them on probation for counseling services/rehabilitative programs/or placement back into society. They may also order other services for children and/or parents.

If a family court judge has made an unjust legal ruling or order, an individual may appeal the decision or order. Darren Shapiro can assist clients who wish to file formal appeals and provide counsel about what the best course of action would be in their particular circumstance.