Court Matters

      In New York, the issues of custody, visitation, child support and spousal support can be decided either by New York Supreme Court or by Family Court.   In a divorce, if Family Court has not already decided these issues, New York Supreme Court will decide them.  Usually, Family Court decides these issues for unmarried parents.

Custody

       In deciding custody, New York follows the doctrine of doing what’s in the best interest of the child.  If the parents of the child don’t agree on the issue of custody, the Family Court will make it’s own investigation before deciding on custody.  The investigation will include have an attorney assigned to the child.  The Family Court may also request an investigation and report from a social services agency or mental health professional.

      A Family Court custody order states who has custody of the child.  Custody is usually granted to either parent, however joint custody can be granted to both parents.  It is also possible for non-parents to be granted custody.   For example, a grandparent, aunt, uncle or a person with a substantial connection or relationship with the child may be granted custody. Please see our custody and visitation for more details.

Visitation

      The parent that does not have physical custody of a child may be granted an order of visitation from Family Court.  Visitation may be stated simply as reasonable rights of visitation or as a specified schedule.  Visitation usually takes place outside of the child’s residence, however if warranted, may be limited to supervised visitation. Please see our custody and visitation for more details.

Child Support

      The parent that has physical custody of the child is entitled to child support from the non -custodial parent.  The Child Support Standards Act states how much child support the non-custodial parent is to pay.  The details concerning the Child Support Standards Act are outlined in our section on child support.

Spousal Support

      If a married couple are not living together and one spouse is earning considerably less than the other, the spouse earning less may go to Family Court and file a petition for spousal support.  Also, if one of the spouses seek public assistance, the agency may go to Family Court and obtain an order for the party with income to pay spousal support.

      Unlike child support, there are no exact formulas concerning spousal support.  Please see our section on spousal support for more details.

How To Bring An Action In Family Court

      To bring an action in Family Court a petition must be filed.  Next the summons must be served upon the other party.  The Family Court will schedule a date for a hearing.  Although, an attorney is not required, it is advisable to have an attorney represent you. In some cases, if a party can’t afford an attorney, the Court may assign a free attorney.

      Either party may file a petition to have a custody or visitation order modified (changed). The party seeking to have the order modified must prove that there has been a substantial change of circumstances since the original order was issued. The court holds a hearing to determine if a change is in the child's best interests.

What Happens If An Order Is Not Followed

      If a party refuses to comply with a Family Court order, an application may be made to Family Court to find that party in violation of the order.  If the Family Court agrees that a party has not complied with an order, Family Court may change it’s order and or impose sanctions on the party in violation.

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