The Family Court Process: What Really Happens Behind the Bench

Walking into Family Court for the first time can be overwhelming. Most people arrive anxious, angry, or simply confused — and that’s completely understandable. Family Court is unlike any other court. It’s not about punishment, guilt, or proving who’s “right.” It’s about resolution and protection — ensuring that children and families have a chance to move forward safely and fairly.

Family Court handles some of the most personal and emotional issues in law, including child custody, visitation, child support, orders of protection, neglect, and paternity. These cases aren’t just legal matters — they’re deeply human ones. The judge isn’t deciding a business contract or a property dispute; they’re making decisions that directly shape a child’s future, a parent’s rights, and a family’s stability.

The Purpose of Family Court in New York

In New York, Family Court is a civil court, not a criminal one. Its goal isn’t punishment — it’s protection, fairness, and problem-solving. The Family Court exists to resolve disputes, safeguard children, and create orders that support stability in family life.

The New York Family Court Act governs what types of cases can be heard, including:

• Custody and Visitation (Article 6) – Who the child lives with and how parenting time is shared.
• Child Support (Article 4) – How much financial support a parent must provide.
• Family Offense / Orders of Protection (Article 8) – For cases involving domestic violence or harassment.
• Abuse and Neglect (Article 10) – When the safety of a child is in question.
• Paternity (Article 5) – Determining legal parentage.
• PINS (Persons in Need of Supervision) – For children struggling with behavioral or truancy issues.

The Players in Family Court: Who’s Who

Understanding who’s involved in your Family Court case can make the process far less intimidating. Here’s a breakdown of the key people behind the bench:

• The Judge:
  The judge oversees hearings, listens to testimony, and makes decisions based on the law and the child’s best interests. Judges often encourage settlement before trial, especially in custody disputes.
• Support Magistrate:
  Handles child support and paternity cases. Their recommendations can become binding orders if not challenged within a set time.
• Attorneys for the Parties:
  Each parent or party can have an attorney — either privately retained or court-appointed. These lawyers present evidence, question witnesses, and advocate for their client’s position.
• Attorney for the Child (AFC):
  Represents the child’s wishes, not necessarily what adults think is best. Their role is crucial in custody and neglect cases.
• Court Attorney / Court Clerk:
  Works closely with the judge to organize cases and maintain order in proceedings.
• CPS / ACS Workers:
  Involved in abuse or neglect cases, these professionals investigate and report findings to the court.

How a Family Court Case Begins

Every Family Court case starts with one document — the petition.

Filing a Petition

The petition is a written request asking the court to take action. It outlines what the filer (the petitioner) wants — custody, visitation, support, or protection. You can file in person at Family Court or through the NY Courts’ e-filing system.

Serving the Other Party

The respondent (the other person in the case) must be personally served with a copy of the petition and summons. This ensures fairness — no one can be judged without notice and a chance to respond.

The First Appearance

At the first court date (sometimes called a calendar call), the judge ensures both parties are present, reviews the petition, and may issue temporary orders for custody, support, or protection while the case proceeds.

The Family Court Process: What Happens Next

Conferences and Adjournments

The first few appearances usually focus on procedural matters — verifying service, assigning attorneys, or setting a schedule. The judge may hold settlement conferences to see if the parties can reach an agreement without a trial.

Investigations and Reports

In custody or neglect cases, the court may order:

• Home studies by social services or probation.
• Psychological evaluations.
• Reports from CPS or ACS.

The Fact-Finding Hearing

This is essentially the trial. Both parties present testimony, documents, and witnesses. The judge assesses credibility, consistency, and the child’s best interests in making findings.

The Dispositional Hearing

If wrongdoing is proven (for instance, neglect or domestic violence), the court holds a dispositional hearing to decide what comes next — counseling, supervision, or modified custody arrangements.

Final Orders

After reviewing all the evidence, the judge issues a written order detailing custody, visitation, support, or protection terms. Final orders can later be appealed or modified if circumstances change.

Family Court Isn’t a Mystery — It’s a System You Can Learn to Navigate

Family Court can feel like an entirely different world — one with its own language, pace, and procedures. But when you understand how it works, the process becomes less intimidating and far more manageable.

Knowledge is power. Knowing who the players are, what to expect, and how decisions are made can help you take control of your situation instead of feeling swept away by it.

Get Experienced Guidance for Your Family Court Case

If you’re facing a Family Court case in Suffolk County, you don’t have to go through it alone. Attorney Steven Zalewski, Esq. has over 40 years of Family Court experience, representing parents and families in custody, visitation, child support, neglect, and family offense proceedings.

He understands not just the legal system — but the people behind it — and knows how to help you protect what matters most.

📞 Office: (516) 377-7830
📱 Cell: +1-516-660-4354
📧 Email: steve@zandzfamilylawyers.com
🏛 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749