Legal Question in Family Law in New York

Re: child custody

In most counties the procedure is as follows:

1. Petition is filed with the Family Court. Usually there is an intake room where information is given to a clerk that prepares the petition and notice.

2. The notice of petition and petition are served by either the Sheriff or Marshall. Arrangements are handled by the Family Court.

3. If you are asking for child support together with custody, you will have to complete a financial disclosure affidavit.

4. On the return date of the petition, and assuming that your request is contested by the mother, the judge will order forensics (a study by an independent individual as to who is the best parent for the children). The judge may appoint an independent attorney for the children.

5. The matter will be adjourned so that the professionals may render their opinion.

6. A report is given on the next court date. If the parties decide to not follow the recommendation on the report, a trial date will be set by the judge.

7. On the trial date you will have to prove that it is in the best interest of the child that you are the custodial parent.

Do you need an attorney? Only you can answer that question.

Mike.

Re: child custody

Any process server can serve the papers; you do not need a lawyer for that. However, you DO need a lawyer to help you navigate the system, to advise you, to negotiate for you, and to help you prepare and present your case.

This would be true even if you were a lawyer yourself. You are too close to the situation and too much emotionally embroiled to be objective and credible.

No matter what anyone else may tell you, courts do not appreciate having to deal with pro se parties. They much prefer dealing with counsel.

At the very least, you should have an in-depth consultation with an experienced matrimonial attorney.

Hope this helps.

www.BravermanLawFirm.com