--- name: ny-family-court description: > Use when drafting or filing in **New York Family Court** — the specialized trial court established under Article VI § 13 of the NY Constitution and the **Family Court Act (FCA)**, handling child custody, visitation, child support, paternity, juvenile delinquency, PINS (Persons In Need of Supervision), foster care + termination of parental rights (Article 10 abuse and neglect / Article 6 adoption), family-offense / orders of protection, and related family- law matters. Triggers include 'NY Family Court', 'Family Court Act', 'FCA Article 4', 'FCA Article 5', 'FCA Article 6', 'FCA Article 7', 'FCA Article 8', 'FCA Article 10', 'CSSA child support', 'CSSA 17% basic', 'NY Family Court child support', 'Family Court custody', 'family offense petition', 'order of protection NY', 'PINS petition', 'juvenile delinquency', 'paternity petition', 'JDF adoption', 'NYC Family Court 60 Lafayette', 'Kings Family Court', 'Bronx Family Court', 'Queens Family Court', 'Richmond Family Court', '22 NYCRR Part 205'. Covers the **Child Support Standards Act (CSSA)** at FCA § 413 / DRL § 240(1-b) with the 17/25/29/31/35% basic child-support percentages and the $183,000 (2024) combined-income cap; the **best-interests** custody framework under *Eschbach v. Eschbach* (1982) and *Friederwitzer v. Friederwitzer* (1982); the **Article 10 abuse and neglect** process with ACS (NYC) / DSS (rest of state); **Article 7 PINS** proceedings; **Article 8 family-offense** petitions with the qualifying-relationship + qualifying-offense framework and Order of Protection mechanics; **paternity** under Article 5 with the genetic-marker test; **Article 3 juvenile delinquency** with Raise-the-Age impacts; and the **referee + Support Magistrate** judicial structure unique to Family Court. NOT for divorce or matrimonial property distribution — those route to Supreme Court Matrimonial Part (`ny-nyco`, `ny-kings` etc.). NOT for adoptions of adults or Surrogate's Court probate matters. version: 0.1.0 --- # New York Family Court (Family Court Act / 22 NYCRR Part 205) > **NOT LEGAL ADVICE.** Family Court matters have strict > procedural rules, court-appointed-counsel rights, and > interplay with parallel Supreme Court matrimonial > proceedings. Verify every petition's statutory predicate > and the specific county's filing protocol before filing. ## At a glance - **Court**: New York Family Court — established by Art VI § 13 of the NY Constitution and the **Family Court Act** (NY Family Court Act, "FCA"), with procedural rules at **22 NYCRR Part 205** - **Coverage**: one Family Court per county (62 total); larger counties have multiple courthouses + many Judges + Support Magistrates + Referees - **Filing fee**: **no filing fee** for most petitions (FCA § 217 / § 251) — Family Court is **fee-waived by default** to ensure accessibility - **E-filing**: **NYSCEF mandatory in many counties** for divorce-adjacent matters; rolling out for support, custody, family-offense, and PINS as well; some petitions still filed in person - **Right to counsel**: assigned counsel under FCA § 262 for parents in Article 10 abuse/neglect, Article 6 termination of parental rights, Article 7 PINS, Article 3 juvenile delinquency, and **family-offense respondents in Article 8 proceedings facing the prospect of Order of Protection consequences** ## Court structure — Judges, Support Magistrates, Referees Family Court has a unique three-tier adjudicative structure: - **Family Court Judges** — full-time judicial officers elected/appointed under Art VI § 13; hear custody, visitation, family-offense, PINS, abuse and neglect, termination of parental rights, juvenile delinquency - **Support Magistrates** — court attorneys appointed under FCA § 439 who hear **all child support and spousal support** matters. Their orders are subject to objection before a Family Court Judge under FCA § 439(e). All NY Child Support Standards Act ("CSSA") cases proceed through Support Magistrates first. - **Referees** — Judicial Hearing Officers or court-appointed referees who hear specific matters under FCA § 161; usually handles paternity testing-result reviews, specific orderly-administration tasks ## Article overview The Family Court Act organizes Family Court jurisdiction by **Article** — each Article corresponds to a different proceeding type with its own procedure: ### Article 3 — Juvenile Delinquency (FCA § 301 et seq.) Persons under 18 (Raise the Age 2017 + 2018) charged with acts that would be crimes if committed by adults. Heard before a Family Court Judge. Pre-adjudicatory probation / ATD (Alternatives to Detention) common. Adjudication results in **adjustment**, **dismissal**, **conditional discharge**, **probation**, or **placement** with the OCFS. ### Article 4 — Child Support (FCA § 411 et seq.) The principal financial-support proceeding. **CSSA** at FCA § 413 governs the basic child-support obligation: - **17%** of combined parental adjusted gross income for 1 child - **25%** for 2 children - **29%** for 3 children - **31%** for 4 children - **35%** for 5 or more children The 2024 statutory **combined-income cap**: **$183,000** (adjusts every two years). Above the cap, the court may apply CSSA percentages or weigh **paragraph (f) factors** (financial resources, child's standard of living, tax consequences, etc.). Both parties' incomes are pooled and imputed where appropriate. **Add-ons** include: - Child care - Health insurance - Unreimbursed medical - Educational expenses - Other (often clothes / extracurriculars by case-by-case) ### Article 5 — Paternity (FCA § 511 et seq.) Establishment of paternity for unmarried fathers. Father or mother may petition; court may order **genetic-marker test** (GMT) at no charge to the petitioner. The Article 5 Order of Filiation is a predicate for any subsequent Article 4 support proceeding. ### Article 6 — Custody and Visitation; Adoption (FCA § 611 et seq.) The principal custody / visitation forum. Family Court has **concurrent jurisdiction with Supreme Court** for custody; Supreme Court has exclusive jurisdiction over **divorce itself** but can refer custody to Family Court (or retain it under the Matrimonial Part). The **best-interests** standard from *Eschbach v. Eschbach*, 56 N.Y.2d 167 (1982), governs. **Joint legal custody** is the modern default unless parental conflict is so high that joint decision-making is unworkable (*Friederwitzer v. Friederwitzer*). Sub-areas under Article 6: - **Custody petitions** between unmarried parents, or between a parent and a non-parent who has assumed parental role (in narrow circumstances — *Brooke S.B. v. Elizabeth A.C.C.*, 28 N.Y.3d 1 (2016), expanded "parent" definition for non-biological co-parents) - **Visitation petitions** by grandparents under DRL § 72 - **Adoption** under FCA § 651 + DRL Article 7 ### Article 7 — Persons In Need of Supervision (PINS) Persons under 18 (some jurisdictions extend to 21) deemed "in need of supervision" by behavior such as truancy, incorrigibility, running away, or other status offenses. NYC has substantially eliminated the PINS docket since 2018 in favor of diversion programs; outside NYC the PINS docket remains active. ### Article 8 — Family Offenses + Orders of Protection **Family-offense petitions** allow a victim to seek a civil **Order of Protection** against a respondent who has committed a qualifying offense. Two qualifying elements must both be met: 1. **Qualifying relationship**: spouse, ex-spouse, parent in common with the victim's child, family member by blood/marriage, **or person with whom the victim has had an "intimate relationship"** (an expanding category; FCA § 812) 2. **Qualifying offense** from the FCA § 812 catalog — includes: - Assault (Penal Law § 120) - Aggravated harassment (PL § 240.30) - Stalking (PL § 120.45-120.60) - Menacing (PL § 120.13-120.15) - Reckless endangerment (PL § 120.20-120.25) - Strangulation (PL § 121.11-121.13) - Identity theft (PL § 190.78-190.80) - Forcible touching (PL § 130.52) - Coercive control (PL § 121.05-121.07, added 2022) - Many others — verify against the current § 812 list **Order of Protection types**: - **Temporary** — issued ex parte at the first appearance, pending the fact-finding - **Final** — after fact-finding, can run up to 2 years (5 years on showing of aggravating circumstances) - **Stay-away** clauses + no-contact clauses + firearm surrender are routine ### Article 10 — Child Abuse and Neglect ACS (NYC) or DSS (rest of state) is the petitioner. The fact-finding determines whether abuse / neglect occurred. **Right to assigned counsel** for the respondent parent (FCA § 262). Dispositional outcomes range from **adjustment without finding** to **placement of the child with OCFS or relatives**. Parallel **Article 6 termination of parental rights (TPR)** proceedings may follow if the parent fails to remediate. ### Article 11 — Habeas Corpus for Children Used historically for custodial-interference disputes. Less common today; supplanted by direct Article 6 custody petitions. ## Distinctives ### No divorce — Supreme Court matrimonial only Family Court **does not handle divorces**. Divorce, legal separation, annulment, and equitable distribution of marital property route to **Supreme Court Matrimonial Part** (see `ny-nyco`, `ny-kings`, `ny-nassau` etc.). Family Court has concurrent jurisdiction with Supreme Court for **custody, visitation, and child support** when no matrimonial action is pending; once a matrimonial action is filed in Supreme Court, the Supreme Court can retain custody / support or refer to Family Court under DRL § 252. ### Support Magistrate process + objection procedure All Article 4 child support and Article 5 paternity matters are heard initially by a **Support Magistrate** — not a Family Court Judge. Within **35 days** of the Support Magistrate's order, a party may file a **written objection** under FCA § 439(e) to be heard by the Family Court Judge. The objection process is the principal vehicle for correcting CSSA calculation errors and reviewing Magistrate findings. ### CSSA presumption + rebutting it CSSA's percentage-of-income formula is **presumptively correct** under FCA § 413(1)(g). A court can deviate only on findings that the presumptive amount is "unjust or inappropriate" considering the paragraph (f) factors. Magistrates routinely rubber-stamp the CSSA calculation absent specific deviation arguments. ### Family-offense forum strategy Family Court family-offense petitions run **in parallel** with any criminal prosecution. The respondent may face: - **Criminal Court** order of protection (issued at arraignment under Criminal Procedure Law) - **Family Court** order of protection (Article 8) - **Supreme Court** order of protection (if matrimonial action pending) The three forums issue overlapping but distinct orders. Family Court orders are civil; violations are punishable as contempt under Judiciary Law § 750 or criminal contempt under Penal Law § 215.50. ### NYC vs. outside NYC differences **NYC Family Court** is housed in **5 borough courthouses**: - New York County: **60 Lafayette Street, NY NY** - Kings County: **330 Jay Street, Brooklyn** - Bronx County: **900 Sheridan Avenue, Bronx** - Queens County: **151-20 Jamaica Avenue, Jamaica** - Richmond County: **100 Richmond Terrace, Staten Island** NYC operates a high-volume PINS / Article 10 / Article 3 docket with **ACS** (Administration for Children's Services) as the petitioner. Outside NYC, **DSS** (Department of Social Services, by county) is the equivalent petitioner. ### Confidentiality + sealed records Article 3 juvenile delinquency records are **sealed** by default under FCA § 375.1-375.3. Article 7 PINS records are also sealed. Article 10 abuse and neglect records are confidential by statute (FCA § 1043) but accessible to the parties + counsel. Family Court orders + petitions are generally **not public** in the way Supreme Court papers are — viewers must establish standing. ## Filing checklist 1. **Identify the correct petition type** — each Article has its own petition form (most accessible via NYCourts "Form Search" at `nycourts.gov/forms/`) 2. **Determine the proper county** — generally where the child resides (FCA § 421); special venue rules for Article 8 (where parties reside or where offense occurred) and Article 10 (where the child resides) 3. **No filing fee** (FCA § 217) for most petitions 4. **First appearance** — typically within **2-4 weeks** of filing 5. **Court-appointed counsel** for the respondent on Article 10, Article 7, Article 3, Article 8 if Order of Protection sought 6. **Counsel for the child** (formerly "law guardian") in custody, visitation, abuse / neglect, TPR (FCA § 241, § 1042) ## Composition with other ny- skills - `ny-statewide-format` — caption + format baseline; Family Court uses **22 NYCRR Part 205** with simplified procedural rules - `ny-pro-se` — pro se framework (Family Court is predominantly pro se for petitioners on family-offense, custody, support — Article 10 / juvenile delinquency respondents have assigned counsel right) - `ny-deadlines` — Support Magistrate 35-day objection clock + Order of Protection 2/5-year duration - `ny-first-30-days` — Answer + counter-petitions in Family Court are less formal than in Supreme Court; the petition is usually answered orally at first appearance - `ny-nyco`, `ny-kings` etc. — Supreme Court Matrimonial Part for divorce + equitable distribution (Family Court handles parenting + support concurrently) - `ny-county-courts` — appellate destination for some Family Court orders is the Appellate Division (the same Department as the Supreme Court for that county) ## Pro-se resources - **NYS OCA Family Court forms** — `nycourts.gov/forms/familycourt/` - **Court Help** — `nycourts.gov/courthelp/` — extensive Family Court material with petition walkthroughs - **NYC Family Justice Centers** (Bronx, Brooklyn, Manhattan, Queens, Staten Island) — combined-services centers offering free legal assistance for family-offense matters - **Sanctuary for Families** — NYC; family-offense focus - **Day One** — NYC; family-offense / teen dating violence - **Pace Women's Justice Center** — Lower Hudson; family-offense - **NYS OCFS Office of Children and Family Services** — state-level oversight for foster care, adoption, juvenile justice; intake hotlines ## High-yield Family Court checks 1. **Article identification**: is this Article 3 (JD), 4 (support), 5 (paternity), 6 (custody), 7 (PINS), 8 (family offense), 10 (abuse and neglect)? 2. **Forum vs. matrimonial overlap**: is there a parallel Supreme Court matrimonial action? Concurrent jurisdiction issue? 3. **CSSA application**: cap of $183,000 (2024) reached? Deviation grounds under paragraph (f)? 4. **Support Magistrate 35-day objection** clock for correcting calculation errors? 5. **Order of Protection scope**: qualifying-relationship established? Qualifying offense pled with PL section cite? Duration (2 years default, 5 with aggravating circumstances)? 6. **Counsel rights**: assigned counsel on Article 10 / TPR / Article 8 OP / JD requested + appointed? 7. **NYC-specific**: ACS as petitioner in Article 10? Right- to-Counsel under NYS not applicable in NYC because of Family Justice Center coverage?