What to Expect at a New York Family Court Hearing

Before the court date

1. Check the summons for the date, time and part (the judge's courtroom number).
2. File proof of service if you arranged service and the court did not serve the papers.
3. Gather documents such as old court orders, photographs, police reports, receipts, bank statements and school records. For support, bring recent tax returns, pay stubs and your completed financial disclosure form.
4. Arrange child care. CourtHelp suggests not bringing children if possible. Some courthouses have a Children's Center, but you can leave a child there only while you are in the courtroom.

At the courthouse

• Go to the part listed on the summons, check in, and tell the court officer you are there. Ask a court officer if you are not sure where to go.
• If you are afraid of seeing the other side, tell a court officer as soon as you arrive. CourtHelp says they can arrange for you to wait somewhere else or keep the other side away from you.
• You can bring a friend, relative or advocate for support.
• Family Court is generally open to the public, but the judge or support magistrate can exclude the public depending on the case.

Your first appearance and the right to counsel

If you are a parent seeking custody or contesting the substantial infringement of your right to custody, Family Court Act § 262 gives you the right to counsel. When you first appear, the court must advise you of that right, including the right to have counsel assigned if you cannot afford a lawyer.

Who is in the room at a custody hearing

• The judge, or in New York City possibly a Court Attorney-Referee, who decides based on the best interests of the child.
• Witnesses, usually the parents, and sometimes relatives or others who know the child or the parents.
• A caseworker, social worker or psychologist in some cases, chosen by the judge to write a report, who may visit both homes.
• A lawyer for the child, appointed by the judge, who speaks with the child privately.
• A guardian ad litem in some cases, who investigates and reports to the judge.

CourtHelp explains that the judge may speak with the child privately, usually in chambers. Parents and lawyers are not in the room and are not told what was said. If both sides agree on custody, there is no hearing and the judge enters an order on consent.

Support hearings

Support and paternity cases are heard by support magistrates. CourtHelp notes that it can take several court dates to understand a family's finances, and that a temporary order of support may be issued at the first appearance.

If you cannot attend

Contact the court before the date. CourtHelp warns that if you do not appear and the court does not know why, the judge can still decide and issue an order, and if you are the petitioner the judge may close the case.

Deadlines after an order

• Objections to a support magistrate's order: under Family Court Act § 439(e), within thirty days after receiving the order in court or by personal service, or thirty-five days after mailing or electronic transmission if you did not receive it in court or by personal service. A non-party over 18 must serve the objections on the other side, and proof of service upon the opposing party shall be filed with the court at the time of filing of objections.
• Appeals from Family Court orders: under Family Court Act § 1113, the deadline is the earliest of thirty days after service by a party or the child's attorney, thirty days from receipt of the order in court, or thirty-five days from its mailing or electronic transmission.