Family Court Jurisdiction

Family court systems focus upon issues involving children, mothers, and fathers. These cases can be civil cases or criminal cases but are usually civil cases. Family court decides the legal status of abused or neglected children, foster children and foster families, and guardianships of either children or vulnerable adults.

Child Support, Custody and Visitation

While divorces are handled in divorce court, questions involving children or child support are handled by family court. For instance, an Order of Custody may be filed by a parent or grandparent in family court which decides who will provide the child with primary care. Visitation orders can be filed in family court and may be changed by family court judges.

Child support orders are also handled through family court. If an agreement is already in place, either parent may file a petition to have the order changed. They must bring documents such as proof of income and expenses, tax return forms, and financial disclosure statements.

Paternity cases are also heard in family court. If a man is not married to the mother of his child, he must file an Order of Filiation or an Acknowledgement of Paternity so that he may be considered the father of a child. In addition, blood tests or DNA test results may be entered as evidence in a paternity hearing. In this way, a father’s rights to his child are protected and defined.

Domestic Violence Orders of Protection

Domestic violence orders of protection may be filed in criminal court or in family court. If a person has been arrested in a domestic violence incident, these orders of protection are usually issued through criminal court. However, family court can also issue orders of protection in cases of domestic violence or child abuse.

Foster Care

Children may be placed in foster care if the parents ask for this or if the court determines that the parents cannot care for the child properly. Foster families may be relatives of the child or they may be families who agree to care for foster children. Family court magistrates decide if foster care is needed and how long the child will remain in another family. Many times the court will allow the parents to have some rights of visitation and the parents may be ordered to provide child support to the foster family.

Resources

Each state has its own special family court rules and procedures, so you must talk to the court administrator at your local county courthouse to find out exact details. If you cannot afford a lawyer, the court will help you find a low-cost or free lawyer who will help you file the proper papers and gather the right evidence for your family court hearings.

The State of New York has an excellent resource website which answers questions and helps you understand many of the terms used in family court. Visit

http://www.nycourts.gov/courts/nyc/family/index.shtml

for more information, or visit your own state’s family court information website.