At a glance
- Family Court hears custody and visitation (Article 6), support (Article 4), family offense (Article 8) and child protective (Article 10) cases; it does not grant divorces.
- After a removal, hearings come quickly: the next court day (FCA § 1027) or, on a parent's application, within three court days (FCA § 1028).
- Parents have the right to a lawyer of their own choosing, or to assigned counsel if they cannot afford one (FCA § 262).
- An indicated report on the State Central Register can be challenged; the request to amend is due within 90 days of notice (SSL § 422(8)).
- Fees for Family Court and ACS matters are set in a written retainer agreement.
What New York Family Court handles
Family Court hears many family matters, but not divorce. It has exclusive original jurisdiction over child protective (abuse and neglect) proceedings and support proceedings, and it also hears custody, visitation and family offense cases (Family Court Act (FCA) § 115). Divorces are filed in the Supreme Court, which can refer custody and support issues to Family Court. Neuhaus & Yacoob represents clients in the Family Courts of New York City and the surrounding counties.
Custody and visitation (Article 6)
Petitions to establish or change custody and parenting time, decided on the child’s best interests.
Support (Article 4)
Child support under the CSSA and spousal support, including modification and enforcement.
Family offenses (Article 8)
Petitions for orders of protection between members of the same family or household.
Child protective cases (Article 10)
Defense of parents and caregivers in ACS and county child protective proceedings.
Custody, visitation and support petitions
Unmarried parents, and married parents who are not divorcing, bring custody and support cases in Family Court. The court applies the same best-interests standard and the same Child Support Standards Act percentages that apply in a divorce (FCA §§ 413, 651). See our pages on child custody and parenting time and child support and maintenance, our guide for unmarried couples, and our guide to relocation with children.
Family offense petitions and orders of protection
A family offense proceeding under FCA Article 8 concerns conduct between members of the same family or household, including spouses and former spouses, people who have a child in common, relatives, and people in an intimate relationship, that would amount to certain offenses such as harassment, menacing, stalking or assault. Family Court and the criminal courts have concurrent jurisdiction over these cases (FCA § 812(1)). When a petition is filed, the court may issue a temporary order of protection for good cause (FCA § 828). A final order may last up to two years, or up to five years on a finding of aggravating circumstances or a violation of a valid order (FCA § 842). Both the petitioner and the respondent have the right to counsel (FCA § 262).
ACS and Article 10 child protective cases
An Article 10 proceeding is a Family Court case brought by a child protective agency, which is the Administration for Children’s Services (ACS) in New York City or the county department of social services elsewhere, alleging that a parent or other person legally responsible for a child abused or neglected the child. The parent is called the respondent. These cases move quickly, and the early hearings can shape what follows.
Removal and the emergency hearings
A child may be removed from home under a court order before a petition is filed (FCA § 1022) or, in an emergency, without one (FCA § 1024). When a child has been removed without a court order, the court must hold a hearing no later than the next court day after the petition is filed (FCA § 1027). A parent who has not already had a removal hearing with the opportunity to be represented may apply for the child’s return. Except for good cause, that hearing must be held within three court days and may not be adjourned, and the court must return the child unless it finds that the return “presents an imminent risk to the child’s life or health” (FCA § 1028). A parent who waives that hearing can still apply later in the case.
The right to a lawyer, and the child’s lawyer
A parent in an Article 10 case has the right to a lawyer of his or her own choosing, the right to an adjournment to confer with counsel, and the right to assigned counsel if unable to afford one (FCA § 262). The court also appoints an attorney for the child (FCA § 249).
The stages of an Article 10 case
- First appearance. The court addresses where the child will stay while the case is pending and may issue temporary orders, including a temporary order of protection.
- Adjournment in contemplation of dismissal. With the consent of the agency, the parent and the child’s attorney, the case may be adjourned for up to a year under agency supervision, with a view to dismissal (FCA § 1039).
- Fact-finding hearing. The court decides whether the child was abused or neglected, and any finding must be based on a preponderance of the evidence (FCA §§ 1044, 1046(b)). If the facts are not established, the petition is dismissed (FCA § 1051).
- Dispositional hearing. After a finding, the court decides what order to make, which may include a suspended judgment, release of the child to a parent with supervision, an order of protection, placement, or custody to a parent or relative (FCA §§ 1045, 1052).
When an Article 10 case and a Supreme Court custody case are pending at the same time, the Family Court judge may hear the custody issues together with the Article 10 dispositional hearing on referral from the Supreme Court (Domestic Relations Law § 240(1)(a)).
The State Central Register and indicated reports
Reports of suspected abuse or maltreatment go to the Statewide Central Register of Child Abuse and Maltreatment (SCR), established in the state Office of Children and Family Services. For investigations begun on or after January 1, 2022, a report is “indicated” if the investigation finds a fair preponderance of the evidence of abuse or maltreatment; otherwise it is unfounded and legally sealed (Social Services Law (SSL) §§ 412(7), 422(5)). An indicated report can be disclosed when a person applies for certain licenses, approvals and jobs involving the care of children, such as child care work and foster or adoptive approvals (SSL § 424-a).
The subject of an indicated report may ask the state to amend the record, for example to have it marked unfounded, no later than 90 days after being notified that the report was indicated (SSL § 422(8)). If the record is not amended within 90 days of the request, the subject is entitled to a fair hearing, where the agency that investigated bears the burden of proof. If an Article 10 case based on the same allegations is pending, the request is put on hold until the Family Court case is decided. A Family Court finding of abuse or neglect is binding at the fair hearing, and so is a dismissal, a withdrawal with prejudice, or a decision in the parent’s favor. The court case and the register record are closely linked.
How we represent parents and families
Family Court cases involve children, privacy and, often, fear. We act promptly, explain each step in plain terms, and handle every matter with discretion. Joel Yacoob personally handles each case, including Article 10 neglect and abuse proceedings, and coordinates it with any related custody or divorce case. We cannot promise a particular result; our job is to present your side clearly, with the documents to support it.
Bring every paper you have received, including agency notices, safety plans and court papers, along with the caseworker’s name, school and medical records, and proof of any services or programs you have completed. Consultations are available by phone or video, Monday through Friday, 9 AM to 7 PM. To speak with Joel Yacoob, call (718) 975-1123 or start your case online.