Legal Question in Family Law in New York

Can't Afford Attorney for Child Support/Custody, can I get one appointed?

I was served a summons, asking me to show up for a child support hearing in New York County, New York City. On the summons it stated that if I can't afford an attorney I have the right to have one appointed to me? I faxed papers to the court requesting this (along with financial affidavit to show financial standing), and they told me that the judge would decide that on the day of the hearing. How am I supposed to prepare for the case with an attorney that I get the same day? Will the judge adjourn the case? Is there a form to fill out? The clerks have not been helpful? Also, if I do get a court appointed attorney, can I use them for the custody I am seeking also?

Please help me, I had the first hearing adjourned, as I am doing all of this research from Michigan (where I reside). All I want is an attorney, as I know i am financially on the very low side of the scale. What is the actual process to receive a court appointed attorney?


Asked on 4/06/04, 6:14 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Can't Afford Attorney for Child Support/Custody, can I get one appointed?

When you show up in court, the support magistrate will appoint you an attorney if you qualify. The case will be adjourned to give the attorney an opportunity to prepare. Assuming this is the first appearance on the petition, you can ask for, and they will grant, an adjournment to find a lawyer of your own.

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Answered on 4/06/04, 10:01 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can't Afford Attorney for Child Support/Custody, can I get one appointed?

The case will not be decided in one court appearance, but will continue over a period of several months. So there will be sufficient time for your attorney to properly represent you and to prepare.

If the outcome of this case is important to you, it is imperative that you show up, each and every time, in person or by attorney representation, whether you feel entirely secure in your understanding of the process. You will learn as you go along.

Court Clerks are not permitted to advise you about WHAT you should do.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/09/04, 1:43 pm


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