Does a Family Court Judge Have to Give Time for a Case to Be Pit Together

A Citizen's Guide to the Family Court

Introduction | Family Courtroom and You | Initial Appearance | Who Can Get a Lawyer | Your Lawyer | Your Case | Fact-Finding Hearing | Dispositional Hearing | Appealing Your Case | Types of Cases in Family Courtroom | Who'south Who in the Courtroom | Glossary

Introduction

The purpose of this guide is to provide y'all with general information regarding the operation of the Family Court system. Y'all are encouraged to seek legal advice before proceeding in Family Court. This guide is not intended to be legal advice.

The guide was originally prepared and distributed equally a public pedagogy project of the Fund for Modern Courts. This locally adapted version has been prepared by the members of the Tompkins County Family Court Informational Council.

Family Court and You lot

The family court deals primarily with the issues of children and their families. The courtroom hears cases involving:

• corruption and neglect of children
• custody and rights to visit children
• family offenses including corruption of spouses and other family unit members
• children who may accept committed crimes (Juvenile Delinquency)
• children who are non charged with crimes just who may demand supervision, handling or placement (PINS)
• paternity
• support of children, spouses and ex-spouses
• planning for children who have been in foster care for a year or longer
• termination of parental rights

When a person or an bureau wants to bring a example into the Family Court, the offset step is to file a petition. The person or bureau filing a petition is chosen the Petitioner. The person against whom the petition is filed is called the Respondent.

Petition forms may be obtained from the Family Court Clerk'due south Office. The petition is a sworn argument giving the facts of the case the Family unit Court is beingness asked to decide. If you are not represented past a lawyer, you lot will need to fill out the petition yourself. In juvenile delinquency cases, the county attorney will depict upwardly the petition. If possible, you lot should consult with a lawyer before filing a petition. The petition must exist filed with the Family Court Clerk. The Clerk will make sure that the petition is put on tape (filed) correctly and will set a appointment for the first hearing of the example.

In sure juvenile delinquency cases which practise not involve serious vehement actions, probation intake workers can interview the person who made the complaint, the police officeholder and the defendant child to run across if the matter tin can exist settled without going through the court and to determine if the child should exist sent home or temporarily detained. No one tin be forced to talk to the probation workers at this time. What is said in the interview will not be disclosed unless there is a finding of delinquency past the court.

Initial Appearance (First Hearing)

At the first court proceeding - the Initial Advent - the judge will briefly review the petition and explicate the charges or demands for relief. The guess will also explain what are the rights of the parties involved in the cases, unless the parties are represented past lawyers. In certain cases, the judge will assign a lawyer for a person who cannot beget to pay for one (encounter below, "Who Tin Get a Lawyer") and may issue a summons for the other person to announced. In sure specific circumstances involving serious charges, the judge may social club a warrant of arrest.

At the conclusion of the Initial Advent, the estimate will unremarkably set a date for the lawyers to meet with the judge's law clerk to discuss the petition and whether the matter may exist settled by agreement betwixt the parties and without the need for a trial. If the petition cannot be settled by agreement, the court will schedule the case for trial.

Who Can Become a Lawyer

The parties in near Family Courtroom proceedings have the correct to have a lawyer. Yous are free to rent a lawyer of your choosing. If your particular case is i where you accept the right to a lawyer, merely you cannot beget to pay for your ain lawyer, so the courtroom will usually assign i to the represent y'all. Cornell Legal Aid and some neighborhood legal service groups may also exist able to give legal aid at no price to people whose income falls below a certain level.

In most cases, children are entitled to legal help in the Family Court. The judge volition assign a lawyer chosen a police guardian for the child. There is no charge for the help of a police guardian. Law guardians may exist lawyers who work for the Constabulary Guardian'southward Role or lawyers with private practices who are appointed past the court.

In juvenile malversation cases, the facts of the petition are presented past the assistant county attorney. Banana commune attorneys present cases involving serious violent offenses.

In contested paternity or support cases, the Department of Social Services will stand for the custodial parent regardless of income. The court will assign a lawyer to a man who denies paternity or whatever person who is charged with violation of a support order if that person cannot beget a lawyer.

Your Lawyer

Your lawyer, whether privately hired or assigned to you by the court, is there to protect your rights. Make USE OF YOUR LAWYER.

Work with your lawyer and then that your case can be presented to the judge in the best possible way. When you speak with your lawyer for the first time, give your accost and telephone number and become your lawyer's name, address and telephone number. Ready a date to meet to go over your example before the side by side courtroom date.

If you exercise not sympathise why yous were chosen to Family Court, ask your lawyer to explain it to you. You are entitled to get a copy of the petition from the court. If y'all didn't receive information technology, enquire to see a copy of the petition and any other courtroom papers.

The adjacent time you meet with your lawyer, bring any information or papers that will assist to explicate your side of the case. Your lawyer tin can help you best if yous Give ALL THE FACTS. The code of ethics for lawyers forbids them to disclose anything about your example that you tell them in confidence. Let your lawyer know if at that place are people who would speak for your side of the case in court. Tell your lawyer how to become in bear on with people who would be witnesses for y'all.

At the hearing, allow your lawyer do all the talking. If you want to speak, first talk over what you want to say with your lawyer. As much as y'all may want to speak out in court, things you lot say without checking with your lawyer might hurt your case.

Your Case

You must appear in courtroom each fourth dimension on the date and at the time prepare. If you are the Petitioner (you filed a petition) and you fail to appear as ordered, the judge may dismiss your petition without farther hearings. If you are the Respondent (a petition was filed against you) and you neglect to appear as ordered, the judge may have your default and grant the petition without further hearings. Sometimes the court can have people arrested if they do not come to court when they are told.

On the 24-hour interval of your court hearing, make sure you are on time. If for whatever reason y'all cannot make information technology, permit your lawyer know in plenty of fourth dimension so that he or she tin can ask the court to set the case for another day. If you lot have lost the data nigh your court date, call your lawyer or call the Family Court Clerk's Office. If you do not know where to go in the courthouse on your hearing date, inquire at the security or information desk.

Fact-Finding Hearing (Trial)

Trial in Family Court may consist of one or 2 steps. Custody, visitation, paternity or support cases are decided in 1 stride - the fact-finding hearing. Cases involving family offenses, Persons in Need of Supervision (PINS), Juvenile Delinquency (JD), abuse, neglect or permanent fail are decided in two steps - the fact-finding hearing is held first and the dispositional hearing is the 2d step. There is no jury in Family Court; the approximate conducts all hearings.

At the fact-finding hearing, the judge will hear all of the of import facts (evidence) and decide what has been proved. If the facts are non proved, the case will be dismissed. This means that the example is finished. Sometimes the case is withdrawn, which means that the person or bureau who wanted the case heard in Family Court decides not to keep with information technology.

If the facts are proved in custody, visitation, paternity or support cases, the guess will also make up one's mind what relief to grant every bit part of the fact-finding hearing.

If the facts are proved in matters involving family offenses, abuse, fail or permanent neglect, the case moves into the 2nd step of the hearing procedure, the dispositional hearing.

Dispositional Hearing

If a judge decides that the things said in the petition are true (are proved) and at that place is a legal remedy, then a dispositional hearing will be held. The dispositional hearing volition start immediately afterward the fact-finding hearing ends or will be scheduled on another day. At the dispositional hearing, the judge decides what should be washed about the allegations proved in the fact-finding hearing.

Appealing Your Case

If y'all believe the courtroom'south last decision and guild is legally incorrect, yous may want to appeal. This means that a higher courtroom will review the decision of the Family Court. Ask your lawyer about this right.

If y'all want to appeal, tell your lawyer, who tin can tell the court that you desire to appeal your case. A new lawyer may be assigned to your instance if you cannot afford to pay for 1. You should talk over with your lawyer whether or not the case should exist appealed. A notice that you want to appeal must exist filed inside thirty (30) days later on the judge's determination on your case is served on all the parties or their attorneys. If the Find of Appeal is non filed inside the thirty (30) twenty-four hours time-limit, you will lose your correct to entreatment.

Types of Cases in Family Court

Yous or your child may exist involved in ane of these types of cases:

Child Protective Proceedings (N petition)

Child abuse and neglect petitions may charge that the parent, guardian or a person legally responsible for a child has neglected or abuse the kid. Neglect and corruption may include causing emotional or physical harm or risk of harm to the child. It may also include failing to protect a kid from harm acquired by other people. The charge of abuse or neglect must be proven at a fact-finding hearing held in Family Court. If the case is not proved, the kid must be returned to the parent or guardian. If the court finds that corruption or neglect occurred, information technology may effect an order requiring the removal of the child from the home for a period of up to twelve months. The order may also direct the parent or guardian to participate in programs and services designed to help eliminate the problems that acquired the abuse or neglect. At the cease of twelve months, the kid may be returned home, the Department of Social Services may ask for an extension of the child'due south placement or the Department of Social Services may file a petition to terminate parental rights (see "Permanent Neglect"), below).

A child may also exist removed from the home before a petition is filed. This may happen when a child is in a situation that is a danger to the child's life or health. If a child is removed from the home before a petition is filed, the parent must exist notified immediately. The Section of Social Services must then promptly file a petition in Family Courtroom. The parent or guardian of the child may request an expedited court hearing, called a Render of Kid hearing, to decide whether the child should be returned to the dwelling.

Sometimes a kid is removed from a home with the permission of the parent or guardian. Unless the parent or guardian has signed a paper allowing removal, the party has a right to a hearing on the kid's removal from habitation.

Custody and Visitation (5 petition)

Having custody of a child means that a person is legally responsible for the care of the child. Visitation rights are sometimes given past the court to people who no longer accept custody of their child, but have the courtroom's permission to meet the child at sure times.

The judge, after hearing all sides of the example, will determine who should have custody of the child, and sign an official court paper chosen a custody order.

The judge may also sign an society of visitation, which is an official court paper maxim that the person who has custody must allow another person to visit the child under certain circumstances.

Family unit Offense (O petition)

A family criminal offence petition may claim that a person injure or threatened a member of his or her family unit or household. Afterwards the petition is filed, a judge may sign an official court paper called a Temporary Lodge of Protection. This orders the person charged to immediately stop harming or threatening the family unit or household member and may even lodge a family unit member to exist removed from the abode. The Temporary Lodge of Protection remains in effect for 90 days or until the court makes another order, whichever comes start.

A family offense petition follows the same steps every bit discussed to a higher place: Initial appearance, fact-finding hearing and dispositional hearing. If the allegations of the petition are proved at the fact-finding hearing, the judge may consider different alternatives at the dispositional hearing when determining what should be done. For case, a Permanent Gild of Protection may be issued to replace the Temporary Society of Protection. A Permanent Lodge of Protection remains in effect for a yr and violation of its terms may outcome in the courtroom ordering a jail sentence of upwards to six months.

A judge may as well grant custody to one political party and/or determine whether visitation is appropriate and under what conditions.

Juvenile Delinquency -- JD (D or Eastward petition)

A juvenile delinquent is a person between the ages of vii and 16 who commits an act that would be a crime (a misdemeanor or felony) if information technology were done by an developed. A 13, xiv, or fifteen twelvemonth old who commits certain serious, tearing acts may be treated every bit an developed in a criminal court or the criminal court may remove the case dorsum to Family Court. In these serious cases where the actions are called designated felony acts, the District Attorney's Office volition be the agency who presents the case confronting the juvenile.

If the case volition exist heard in Family Courtroom, a appointment and a time volition be set for an Initial Appearance. The instance volition then proceed as discussed in a higher place -- through fact-finding and dispositional hearings.

If the facts alleged in the petition are proved and the kid found to be a juvenile delinquent, in that location are several options available to a judge at the dispositional hearing. A juvenile delinquent may be confined in an institution, placed in a group home, put nether probation supervision or may be granted a conditional discharge.

If the judge decides that the child is a juvenile runaway, there is no criminal record against the kid. Notwithstanding, Family Courtroom, Probation and law records exist.

Persons in Need of Supervision -- PINS (S petition)

A person in demand of supervision (PINS) is a person between the ages of 7 and 16 (up to 18 starting 11/01) who does whatsoever or all of the following:

• does non attend school;
• behaves in a way that is unsafe or out of command;
• often disobeys parents, guardians, or other authorities; and/or
• possesses marijuana

A PINS petition may be filed (once written permission has been received from the Probation Department) to ask the Court at the dispositional hearing to order treatment or supervision for the child. Like a Juvenile Runaway, a PINS may be confined in an establishment, placed in a group home, put nether probation supervision, or may be granted a conditional discharge.

Paternity (P petition)

A paternity petition is brought to the Family Court to have an official decision equally to whether or not a man charged is the father of an out-of-wedlock child. Ofttimes the person alleging paternity or the person accused of being the father of the child asks that a blood test be made, or information technology may be ordered by the court. Either party, or the courtroom, may request that a further exam known as an HLA exam exist made. This test oftentimes shows that a man is or is not the male parent of the kid, but the costs of the examination may be substantial. (In some instances, the Department of Social Services will pay for the test.)

If paternity is proved or admitted, the judge volition sign an Order of Filiation, an official court newspaper saying that the person is the father of the child. Then the hearing will continue to decide support rights. A man charged in a contested paternity proceeding may rent a lawyer to stand for him or can take a lawyer appointed if he cannot afford one. If the mother is using the services of the Back up Drove Unit at the Section of Social Services, that Unit of measurement volition represent the mother regardless of income.

The Order of Filiation is extremely important because it establishes the fact that the homo is related to the child. This relationship must exist if the father is to accept whatsoever rights (visitation, custody) to the child, or the child is to obtain any benefits from the father (support, Social Security, etc.).

Permanent Fail (B petition)

When a child has been removed from the parents' home due to certain serious problems, the Department of Social Services may decide that the problems cannot exist resolved in a reasonable amount of fourth dimension, usually 12 months from when the child was removed. In this situation, the Department may file a Permanent Neglect petition to request the court terminate the parent's parental rights and free the kid for adoption.

A permanent neglect petition may also be filed if a parent abandons, severely abuses or permanently neglects a child or if the parent suffers from a mental condition that prevents the parent from properly caring for the child.

These petitions follow the same steps as discussed in a higher place, including an Initial Appearance, fact-finding hearing and dispositional hearing.

Support (USDL or F petition)

A wife, husband, relative, the Department of Social Services or certain other authorized agencies can bring a support petition in Family unit Courtroom to have the court decide who is legally responsible for the back up of a kid, spouse or relative and how much support should be paid. When the person charged with back up lives in some other country, state or canton, a Uniform Support of Dependents Police (USDL) petition is filed. All parties in a support case take a right to a hearing.

The person charged with failing to obey (violating) a support social club likewise has a correct to a hearing. The judge will decide how much support will be ordered to exist paid after deciding whether the person charged is responsible for support. To be sure support payments are made, the judge may society a payroll deduction or seizing of holding or a judgment. If an order of support is disobeyed, the judge may send the person to jail.

Approval of Foster Care Placement (L petition) and Foster Care Reviews (K petition)

Sometimes a parent or guardian feels unable to treat a child and temporarily gives away the correct to custody to a social service agency either for a short fourth dimension or permanently. The agency which takes custody of a child must inquire the court to review and approve that activeness. The parent must be given notice of this hearing and have his or her side heard in court. The police requires that when a child has been voluntarily placed in foster care for more thirty (30) days, this hearing must take place and the parents must exist told about the date of this hearing. The parents or guardian, a social worker, and a fellow member of the agency involved should be at the hearing. The judge will decide if the placement is voluntary and necessary.

If a child is in foster intendance for twelve (12) months or longer, a case called foster intendance review will be filed with the Family unit Courtroom. The Court volition decide what to do with the child who is in foster intendance. This review could effect in a parent losing the right to custody of his or her kid, or it could issue in a child being returned to his or her parent(south). If a child remains in foster care in that location must be another hearing in one year. The parent has a right to a lawyer at a foster intendance review.

Who's Who in the Courtroom

Approximate
The Judge is in accuse of the courtroom and decides what will happen in a example. He or she sits at a desk (also called the bench) at the front of the courtroom. Every bit in other courts, the judge wears a black robe.

Assistant County Chaser
The Assistant County Attorney presents PINS and JD petitions against the juvenile.

Assistant Commune Chaser
The Assistant Commune Chaser presents the petition in sure juvenile delinquency cases involving certain serious crimes.

Court Magistrate
The Court Magistrate conducts child and spousal support hearings and begins proceedings regarding uncontested paternity cases. Contested paternity cases are heard by the Family Courtroom Gauge.

Law Guardian
A police guardian is a lawyer assigned by the Judge to represent the legal interests of the child.

Probation Officer
The Probation Officer works for the county Probation Department. At that place is non usually a Probation Officer nowadays in Family Court unless the Judge requests their presence. Sometimes the Judge will guild the Probation Section to get together data about the people involved in a case and report to the court.

Court Officer
The court Officer is a non-uniformed deputy sheriff who is responsible for keeping club and security in the courtroom.

Court Reporter
The Court Reporter records every discussion that is said during court hearings on a special machine.

Caseworker
The staff member from a social service agency involved in a case is generally chosen a Caseworker. Caseworkers are often required to assemble data about the people involved in a example and report to the courtroom.

Glossary

adjustment A plan of services through the Probation Department to resolve the complaint against a person charged with less offenses.

banishment An society to postpone or append the Courtroom's proceedings in a example until some other specific date.

adjudicate To hear and determine the truth of the facts alleged in a petition.

access Voluntary statement that a fact alleged in a petition is truthful.

entreatment Resort to a higher Court, in an attempt to have the conclusion of a trial Court changed. Usually appeals are brought and decided upon questions of constabulary only.

Assigned Counsel Lawyers appointed past the court to represent a political party who has the correct to a lawyer but cannot afford one.

charges Formal allegations brought by the Court past the police or other authorized persons that an law-breaking has been committed.

conflict of interest Where two or more parties to a legal proceeding have potentially different interests at state, or accept unlike versions of the facts underlying the case, they are "in conflict". Where such parties are entitled to be represented by legal counsel, they should have separate attorneys so each party tin have the whole-hearted assistance of his or her lawyer. A wife and her husband may be in conflict; and so too, may a parent and a child.

conditional discharge Ane of the possible final orders by the Court. If the agreed upon weather are met by the end of the yr, the example is dismissed.

demands for relief A request by an attorney to the courtroom for orders to improve the weather for his/her clients.

family court clerk State employee in charge of the county's Family Court offices and its operations.

felony A class of serious crimes from which punishments may exceed i year's imprisonment.

group home A foster placement for several teenagers - usually operated past a private child care agency.

jurisdiction The poser of a particular court to hear cases involving sure categories of person or allegations. Jurisdiction may too depend upon geographical factors such as the county of a person'due south residence.

misdemeanor A course of lesser crimes for which punishment may not exceed one yr's imprisonment.

serve To notify by post or in person of a scheduled court hearing or other official court action.

summons A certificate notifying the person named in the action of the filing of a lawsuit against him/her. A summons requires the attendance of a person at courtroom.

suspended judgment One of the possible final orders past a court. After a menstruum of ane year, if certain conditions are met, the example is dismissed. Judgment of guilt is "suspended" and never determined.

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Source: https://ww2.nycourts.gov/courts/6jd/tompkins/family/you.shtml

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