Understanding the Role of Family Court in New York State

When you are going through a difficult time in your life and need legal help with a family matter, it can be overwhelming. The feelings of confusion, worry, and stress can seem unmanageable. If you are dealing with issues related to custody, child support, divorce, or any other family-related concerns, you are not alone. At our firm, we understand how tough this process can be. Our goal is to help guide you through each step of your case and ensure that you achieve a positive outcome. We are committed to providing support, care, and professional guidance to help you find the right path forward.

Family law cases can be complicated, but the family court system in New York State is there to help resolve these matters. Understanding the role of family court and how it can impact your case is important for anyone facing a family law situation. In this blog, we will break down the role of family court and explain how it works so you can feel more confident and informed about your legal journey.

Richard H. Cole

Richard H. Cole
Partner

Thomas Hewner Esq.

Thomas F. Hewner
Partner

Donna Haslinger

Donna L. Haslinger
Partner

Vivian Roche

Vivian P. Roche'
Partner

Keith Rosso

Keith R. Rosso
Attorney

Tasha D. Frazie

Tasha D. Frazie
Attorney

What Is Family Court and What Does It Do?

Family court in New York State is designed to handle legal matters that involve family-related issues. This includes a wide variety of cases such as child custody, child support, divorce, spousal support, orders of protection, and even cases of domestic violence. It is a place where families can find legal solutions to their problems with the goal of ensuring the safety and well-being of everyone involved, particularly children. The court’s main objective is to create fair and just outcomes for families, while making sure to take into account the needs of each individual involved in the case.

In New York, family court has a somewhat different structure than other courts. Unlike criminal or civil courts, family court’s primary focus is on resolving family matters in a way that serves the best interests of children and families. The judges who work in family court are there to listen to both sides of a case and make decisions based on the law and the facts presented. They work to ensure that all parties involved in a family law case are treated fairly.

Richard Cole is the absolute best real estate attorney in WNY. I wouldn’t think of getting involved in a transaction without him. His knowledge, attention to detail, and constant communication make buying and selling a property so much easier. I have done several deals with him and will continue using his services in the future.

James F.

Types of Cases Handled in Family Court

Family court handles a variety of cases, each with its own legal requirements. One of the most common types of cases that are heard in family court is child custody and visitation disputes. Parents who are going through a divorce or separation often need the court to help determine where their children will live, how much time each parent will spend with the children, and other related issues. Family court aims to create a custody arrangement that is in the best interests of the child.

Another important area of family court is child support. If you are a parent who is raising a child on your own or in a shared parenting arrangement, family court can help determine how much financial support the non-custodial parent should pay. The court takes into consideration many factors such as the income of both parents, the needs of the child, and any special circumstances. Child support is meant to ensure that children are provided for and have their basic needs met, such as food, clothing, education, and medical care.

Family court also handles cases involving spousal support or alimony. When a couple separates or divorces, one spouse may be entitled to financial support from the other. Family court will review the circumstances of the marriage and make decisions regarding how much support should be provided and for how long.

Additionally, family court deals with cases involving domestic violence. If you or a loved one is in an abusive relationship, family court can issue orders of protection to ensure the safety of the victim. These orders can prevent the abuser from coming near or contacting the victim and can include other protective measures as necessary.

Related Videos

Choosing a Divorce Attorney

First Step of the Divorce Process

How Family Court Works in New York State

Family court cases typically begin with filing a petition or complaint. This is a legal document that sets out the issues that need to be resolved. Once a petition is filed, the court will schedule a hearing or trial where both sides can present their arguments. In some cases, a settlement may be reached before a trial is needed, but if a settlement cannot be made, the judge will make a decision based on the facts of the case.

The family court process is generally faster than other types of court cases. This is because family law matters are often urgent and require quick action to protect the well-being of children and families. However, this does not mean that the process is always easy. Family court can be a difficult and emotional experience, especially when there are complex issues involved. It is important to understand what to expect and how to best prepare for your case.

In family court, the judge is responsible for making decisions based on the law and the facts that are presented. Judges in family court are trained to handle sensitive family matters and are committed to ensuring fair treatment for all parties involved. They will listen to the evidence and arguments presented by both sides before making a decision. The judge’s goal is to make sure that the decision is in the best interests of the children and families involved.

What to Expect in Family Court

If you are involved in a family court case, it is important to understand that the process can be emotional and challenging. Whether you are going through a divorce, seeking custody of your children, or dealing with domestic violence, the outcome of your case can have a lasting impact on your life. This is why it is important to have an experienced and compassionate family law attorney by your side to help you navigate the process and protect your rights.

During the hearing or trial, both sides will have the opportunity to present their case. This may include submitting evidence, calling witnesses, and making legal arguments. The judge will listen to all sides before making a decision. It is important to be prepared for your court date by having all necessary documents and evidence ready. You should also be ready to clearly explain your position and respond to any questions from the judge or opposing party.

After the judge makes a decision, it will be put into writing and issued as an order of the court. This order is legally binding and must be followed by both parties. If either party disagrees with the decision, they may have the right to appeal, but the appeals process can be lengthy and complicated.

At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand that family law cases can be emotional and difficult to handle on your own. If you are going through a divorce, seeking custody of your children, or facing any other family-related issue, it is important to have a legal team that you can trust. We are here to guide you through every step of the family court process, offering you the support and knowledge you need to achieve the best possible outcome for your case.

Our attorneys are dedicated to understanding the unique challenges you face and helping you reach a successful result. We take the time to listen to your concerns and work with you to create a strategy that best suits your needs. If you are ready to move forward with your family law case, we are here to help. Contact us today to schedule a consultation and take the first step toward securing a brighter future for you and your family.

To learn more about this subject click here: The Family Court System in Lancaster, NY: How It Differs from Supreme Court

Leave a Reply

Your email address will not be published. Required fields are marked *