Legal Forms for Family Law

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Commonly Asked Questions about Legal Forms for Family Law

What is an emergency order to show cause in NY Family Court?

There is a process for making a motion without giving notice. This type of motion is called an Order to Show Cause. This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

How do I file a child support petition in NY?

Filing a Child Support Case Child support cases are usually started in Family Court in the county where the child lives. There is no filing fee in Family Court. After a child support petition is filed, the other side must be served a summons, the petition, and the financial disclosure form.

What does temporary custody mean in New York?

Temporary custody orders provide short-term solutions to parenting disputes that can wait until a regular hearing but cannot wait until the end of legal proceedings. Not all cases have temporary custody orders.

Is child support public record in NY?

The court records of Family Court proceedings are not open to public inspection. However, the court may permit access to records where appropriate.

What qualifies as emergency custody in NY?

Usually, youll have to show that the child is in immediate danger of abuse or faced with another urgent situation to get an emergency custody order.

What is ex parte custody in NY?

In New York, a parent, grandparent, or another relative can petition the court for an emergency custody order if there is reason to believe the child is in imminent danger. This is a temporary order issued after an ex parte hearing if the court has reason to believe the child might be at risk from: Abuse or neglect.

How to win full custody in NY?

The court considers various factors in granting full custody, giving priority to factors like: The childs relationship with each parent. Any history of child abuse, neglect, or substance abuse issues. Each parents ability to provide for the childs physical and emotional needs.

How to file for emergency custody in NY?

Forms are available at .nycourts.gov or at the Family Court Clerks office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. In such cases, a Judge reviews the petition and makes a determination of how best to protect the child.