what is an attorney general for family court nyc

What does a family court attorney do in New York State?

In some counties in New York City, in juvenile delinquency cases involving children between the ages of 13 and 15 who are accused of committing certain serious or violent acts, an Assistant District Attorney prosecutes the case in the Family Court. Attorney for Child. An Attorney for Child is a lawyer assigned by the judge to represent a child ...

Who is the family court Support Magistrate in New York?

She most recently worked at the New York State Attorney General's Office, and also served in the New York County District Attorney's Office. Appointed to the Criminal Court December 2005, assigned to Family Court January 2006 and appointed to Family Court December 2015. ... Judge Richardson was a former borough chief in the Family Court ...

Who is the family court judge in Queens County?

The Family Court Division plays a critical role in promoting the well-being of the City's children and protecting the general public. The Family Court Division consists of two units - the Interstate Child Support Unit and the Juvenile Delinquency Prosecution Unit. ... a custodial parent who lives in New York City may seek the Unit's assistance ...

Who is the family lawyer in Richmond County NY?

The family court deals primarily with the problems of children and their families. The court hears cases involving: abuse and neglect of children. custody and rights to visit children. family offenses including abuse of spouses and other family members. children who may have committed crimes (Juvenile Delinquency)

Do you need a lawyer for Family Court in NY?

The parties in most Family Court proceedings have the right to have a lawyer. You are free to hire a lawyer of your choosing. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you.

Does NY favor mothers in custody cases?

Neither parent has a preferred right to custody of their children in New York. If there is no custody order, either parent can keep the child with him or her. If the case goes to court, the custody decision must be made in the “best interests of the child.”

How does Family Court work in NY?

A New York court can make orders about the child's custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the "best interest of the child." If there is no court order, then both parents have equal rights to physical and legal custody of the child.

How long is a parent legally responsible for a child in New York?

Emancipation is the process of a parent giving up control over a minor child so that the child has control over his own legal decisions and support before he is an adult (age 18). In New York, a parent must financially support his/her child until age 21 unless the child becomes emancipated.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What rights does a father have in New York?

Establishing Paternity New York Paternity can be defined as the legal status of being a father. This legal status allows fathers both rights and responsibilities to their child including the right to both legal and physical custody as well as visitation depending on the situation.

Can a mother take a child without father's permission?

This is the same for a mother, who alone has parental responsibility. She can take her child abroad without permission if there are no other orders or restrictions in place. In practice I recommend that you agree the arrangements in advance though with the other person with parental responsibility.

Who is more likely to get custody of a child?

Fathers will tend to be more successful in winning custody of the children where there is evidence that the children are not cared for effectively by the mother.

What decides who gets custody of a child?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

Do you still have to pay child support if the child goes to college in NY?

While a court cannot order a parent to pay child support past 21 years of age, it is common for parents to agree to extend support until 22 if the child is still a full-time college student reaching graduation. While the amount of child support is set by the court, the amount of the payments can change over time.

How much is child support in NYC?

The three-step formula for calculating NY child support is: 25% for two children. 29% for three children. 31% for four children. 35% for five or more children.

Is child support mandatory in NY?

Under New York State law, both parents must financially support their child until the child turns 21 years old. Child support also includes providing health insurance coverage until the child turns 21 years old.

What is the role of family court?

Family Court. The Family Court Division plays a critical role in promoting the well-being of the City's children and protecting the general public. You can read more about the Family Court Division on the Division's website. The Family Court Division consists of two units:

What is a first year attorney?

First-year attorneys in the Family Court Division’s Juvenile Delinquency Unit will appear in court virtually every day. They are responsible for all aspects of the prosecution of juveniles accused of acts that would constitute a crime if committed by an adult. This means preparing cases from beginning to end.

How many juvenile delinquency cases are there in the Family Court Division?

Some of the Division's cases involve young children who have been victimized. In 2018, the Family Court Division handled more than 2800 juvenile delinquency referrals and approximately 3400 new Interstate Child Support cases.

Who can represent an adult party in a family court case?

In some Family Court cases, the judge or support magistrate may assign a lawyer to represent an adult party who cannot afford to hire a lawyer, at no cost.

What is a court attorney?

Court Attorney. A court attorney is a lawyer who works with and assists the judge by researching legal questions and helping to write decisions. The court attorney may also meet with the attorneys or parties to a case to try to reach an agreement without the need for a trial.

What is a court officer?

Court Officer. Uniformed Court Officers are assigned to every courtroom and hearing room. They are responsible for security throughout the building, and also call the parties into the hearing rooms when the judges or support magistrates are ready to hear each case.

What is a social service agency caseworker?

Social service agency caseworkers assigned to work with families bring case records to court and testify during hearings.

What is a transcript in court?

In some courtrooms, court reporters take notes during the hearing, using a machine similar to a typewriter, and may then be asked to type a "transcript" - a word-for-word report of what is said during a proceeding.

What is an attorney for child?

An Attorney for Child is a lawyer assigned by the judge to represent a child in a Family Court case.

What is the role of a court clerk?

The court clerk or court assistant sits near the judge, referee or support magistrate and assists in the preparation of orders.

Who is Judge Peter DeLizzo?

Judge Peter DeLizzo was appointed as a Family Court Judge in April 2015. He graduated from the College of Staten Island and received his law degree from the CUNY School of Law. Prior to his appointment, Judge DeLizzo was an Assistant District Attorney in Kings County, was an associate attorney in the Office of the Public Defender of Richmond County, and was a Court Attorney-Referee in Richmond County for 8½ years. Appointed April 2015.

Who is Judge Tandra Dawson?

She is a graduate of Spelman College and Brooklyn Law School. Judge Dawson previously served as an Assistant District Attorney in the Bronx County District Attorney's Office. Reappointed February 2005; February 2015.

When was Fiordaliza Rodriguez appointed?

Judge Fiordaliza Rodriguez was appointed to the Family Court in February 2015. She graduated from John Jay College of Criminal Justice and received her law degree from the CUNY School of Law. She previously worked for the New York City Administration for Children's Services, was a solo practitioner and most recently served as a Court Attorney-Referee in Family Court, Kings and New York County. Appointed February 2015.

Who is Judge Tracey Bing?

Judge Tracey Bing was first appointed as an Interim Civil Court Judge in October 2013 and had been serving in Family Court. She graduated from S.U.N.Y. Stony Brook and C.U.N.Y. School of Law. She has served with Harlem Legal Services, the Legal Aid Society, and as Director of the Family Law/Domestic Violence Unit of Manhattan Legal Services. Appointed January 2016. (Formerly appointed to the Interim Civil Court October 2013; reappointed January 2014 and January 2015).

What to do if you don't understand why you were called to Family Court?

If you do not understand why you were called to Family Court, ask your lawyer to explain it to you. You are entitled to get a copy of the petition from the court. If you didn't receive it, ask to see a copy of the petition and any other court papers.

What are the issues in family court?

The family court deals primarily with the problems of children and their families. The court hears cases involving: 1 abuse and neglect of children 2 custody and rights to visit children 3 family offenses including abuse of spouses and other family members 4 children who may have committed crimes (Juvenile Delinquency) 5 children who are not charged with crimes but who may need supervision, treatment or placement (PINS) 6 paternity 7 support of children, spouses and ex-spouses 8 planning for children who have been in foster care for a year or longer 9 termination of parental rights

How to file a petition for juvenile delinquency?

If you are not represented by a lawyer, you will need to fill out the petition yourself. In juvenile delinquency cases, the county attorney will draw up the petition. If possible, you should consult with a lawyer before filing a petition. The petition must be filed with the Family Court Clerk. The Clerk will make sure that the petition is put on record (filed) correctly and will set a date for the first hearing of the case.

How long does a family offense stay in effect?

This orders the person charged to immediately stop harming or threatening the family or household member and may even order a family member to be removed from the home. The Temporary Order of Protection remains in effect for 90 days or until the court makes another order, whichever comes first .

What is the first court proceeding?

At the first court proceeding - the Initial Appearance - the judge will briefly review the petition and explain the charges or demands for relief. The judge will also explain what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. In certain cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Get a Lawyer") and may issue a summons for the other person to appear. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.

How to appeal a court decision?

If you want to appeal, tell your lawyer, who can tell the court that you want to appeal your case. A new lawyer may be assigned to your case if you cannot afford to pay for one. You should talk over with your lawyer whether or not the case should be appealed. A notice that you want to appeal must be filed within thirty (30) days after the judge's decision on your case is served on all the parties or their attorneys. If the Notice of Appeal is not filed within the thirty (30) day time-limit, you will lose your right to appeal.

How to get your case before the next court date?

When you speak with your lawyer for the first time, give your address and telephone number and get your lawyer's name, address and telephone number. Set a date to meet to go over your case before the next court date.

What is a family court lawyer?

Family Court Legal Services Attorneys represent ACS on child neglect and abuse cases, permanency hearings, juvenile delinquency proceedings and other child welfare proceedings in the NYC Family Courts. FCLS attorneys work collaboratively with Child Protective Specialists, Case Planners, and other child welfare specialists to further the agency's mission to protect children and youth and improve the lives of families. Attorneys provide general legal assistance for ACS and foster care provider agencies.

How many court appearances does a FCLS attorney make?

On any given day, an FCLS attorney is likely to make between four and eight court appearances and will frequently be responsible for conducting emergency hearings.

What is a FCLS lawyer?

Working as a Family Court Legal Services (FCLS) attorney for Administration for Children's Services is a great opportunity for recent law school graduates and seasoned lawyers to work in the area of child welfare and gain significant and rapid litigation experience, appearing in court every day. You will build confidence in writing, presentation and time management while building daily relationships with judges and attorneys for parents and children.

How long does it take to become a child welfare attorney?

New attorneys typically receive five to six weeks of intensive legal training that focuses on the foundational aspects of child welfare law, relevant case law and statutes, and agency policy and protocol. A significant portion of the training is also spent learning and practicing critical litigation skills and techniques that attorneys use every day.

What is the job of a court clerk?

Prepare and maintain case files and documents in advance of court appearances.

What is a draft legal document?

Draft legal documents, including pleadings, motions, and memoranda of law and fact by following generally acceptable legal procedures, forms and techniques in order to meet agency needs, goals and objectives.

Do attorneys have supervisors?

Every attorney is assigned to a team of attorneys with multiple supervisors. At the start of employment with FCLS, every attorney has a supervisor appear with them in court and assist them with the preparation of their cases. As attorneys gain more experience and expertise in their responsibilities, the requirements for close, in-court supervision start to lift, though supervision is always available when needed.