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Video Guide on Family Court Proceedings management

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Commonly Asked Questions about Family Court Proceedings

In New York City, each of the five boroughs has its own Family Court. Generally, a case may be filed without fee in the county where one of the parties lives. Most Family Court hearings (trials) are heard by judges. Support magistrates hear support and paternity cases.
If your case is in family court About three weeks after you file your custody petition, both you and the respondent (the other parent) will receive notice of your first court date, known as the preliminary appearance.
In New York, Article 6 of the Family Court Act is the law that controls Family Court guardianship appointments involving children.
Once paternity is established, you are the legally recognized as the father and you must support the child financially. Both mothers and fathers have the right to see their children and have a relationship with them. After paternity has been established, the father gains custody and visitation rights to the child.
A Custody Order gives responsibility for the childs care and how the child is brought up to one or both of the childs parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody. A New York court can make orders about the childs custody only until the child is 18 years old.
The ambit of family proceedings is very wide, including proceedings for divorce, domestic violence, children in care (see care order), adoption, and wardship and applications for a parental order under section 30 of the Human Fertilization and Embryology Act 1990 (see section 30 order).
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody.
The wait time depends on the courts schedule, how much discovery takes place and whether a forensic custodial evaluation is required. In supreme court, often three months will pass between your preliminary conference and trial.