Preparing for Family Court

This guide explains what to expect before, during, and after your court date, whether your case is in person or virtual.

• File your petition.
  This is the first step in starting a Family Court case. You can file in person or online through NYS Courts Electronic Filing (NYSCEF). Bring your photo ID if you are filing in person. There are no filing fees in Family Court. Contact the court or visit nycourts.gov for more information on this process.
  
  
• Get important papers.
  After filing, the clerk will hand you, mail, or email a copy of your petition and other important papers, including the summons. The summons tells you and the other party when and where to appear in court. It has the date, time, location or link, and the name of the jurist. The jurist is the judge, support magistrate, or referee in your case.
  
  
• Know that you may have to wait to see the jurist.
  Depending on what you are filing, you may not see a jurist right away.
  • If you are asking for an order of protection, you typically see a jurist the same day. The jurist will decide whether to issue a temporary order of protection.
  • For other types of cases like child support and custody, you usually do not see a jurist right away unless it is an emergency.
• Serve the other party.
  Be sure to have someone else serve, or give, the other party with the court papers. This person must fill out an Affirmation of Service. The court has very strict rules about how and when to do this. Click here for more resources on serving court papers.
  

Tip

Keep all of your court papers organized in one place.

• Ask how to submit documents. In certain cases, you may need to submit documents or exchange evidence with the other party before the court date. Make sure you follow any instructions on how and when to do this. Each jurist may do this differently.
• Be on time. If you are late, the case may move forward without you or get dismissed.
• Be prepared for more than one court date. Family court cases often take many court appearances to resolve.
• Prepare your evidence. See our guide on “Evidence” for tips.
• Arrange for childcare. Children are usually not allowed in court. Some courts have childcare centers. Call ahead to see if your court has one.

Each court date is different. Below are some general tips.

• Ask if you qualify for a court-appointed lawyer.
  On your first court date, be ready to show proof of your income. The jurist will decide if you are eligible for a free lawyer based on your income and the type of case. For example, you may get a court-appointed lawyer if you are a parent in a custody or visitation case and you qualify financially. You probably will not get a lawyer in a child support case, unless you are facing jail time for willful nonpayment of support.
  
  
• Be calm and respectful to everyone.
  This includes the jurist, court staff, the other party, and witnesses.
  
  
• Speak clearly and slowly.
  
  
• Try not to interrupt, unless you are making an objection.
  An objection is when you speak up during a hearing or trial to tell the jurist you think something should not be allowed or used to decide the case. See our guide on “Objections” to learn more. At other times, you may want to raise your hand if you want to talk or respond to something the other party said.
  
  
• Ask what will happen next so you can prepare.
  For example, you can ask about temporary orders or whether you should be ready to testify or show evidence at the next court date. Ask for any orders to be written down and given to you.
  
  
• Write down the date and time of your next court appearance.
  Also ask whether it will be in-person or virtual. If there are deadlines for things like evidence, be sure to write these down too.
  

• Arrive early. Courts often have limited parking, or there may be delays if you take public transportation. At the courthouse, you will have to go through metal detectors. There may be a line to get in. Then, finding the courtroom can take time. Arrive extra early if you need to bring your child to the childcare center.
• Check in with a court officer. If there is no court officer outside the courtroom, wait for one or look for an officer on the floor. You may need to wait until they call your name or case before going into the courtroom.

Tip

The jurist cannot provide legal advice (like what you should or should not do), so don’t ask.

• Remember this is still a court hearing, even though it is virtual. Dress professionally, like you would if you were going in person.
• Be alone in a quiet space. If you do not have a quiet space or reliable internet connection, you can go to one of Family Legal Care’s free Tech Hubs in the Bronx, Brooklyn, or Queens. The Family Court can also give you a room to use. Call ahead or show up early and tell a court officer that you need a room for your virtual hearing.
• Check your internet connection or signal. If you have trouble logging in, call the number listed on your notice of hearing or summons right away. You may also want to email the court. This can help ensure your case does not move forward without you or get dismissed.
• Choose a background that is clean and free of distractions. If needed, blur your background to keep it private or less distracting.

Remember

You have a right to a copy of the other party’s documents or evidence.

• Keep track of your next court date(s).
  You can check online using the eCourts or NYSCEF systems.
  
  
• Get a copy of any court orders.
  Sometimes the court will give you these papers right away. The court may also mail or email them. Ask the jurist or clerk if you are not sure. Be sure to follow these orders carefully.
  
  
• If you missed the court appearance, contact the court to find out what happened.
  You can email or call the court. Or, you may need to go in person to the clerk’s office or records room. If the case was dismissed or the court made a decision without you, you may be able to reschedule or reopen your case. Ask the court for more information or call our Helpline at 212-343-1122.
  

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This guide provides basic, general legal information only and should not be considered legal advice. The information may not address all the issues or requirements specific to your situation. If you are seeking advice, Family Legal Care encourages you to consult with a lawyer. Family Legal Care does not provide legal representation, and no attorney-client relationship has been established through your use of this document.