Stages and Timeline for Common Family Court Cases

New York State Family Courts handle many cases and are some of the busiest courts in the country. Some cases in Family Court move quickly. Other cases can take a long time. They can take months or even more than a year to complete. This depends on how busy the court is and what happens in the case. There are usually many court dates, not just one.

Although every case is different, this guide explains the general stages and timeline for certain types of Family Court cases, including:

• Custody, visitation, and some guardianship
• Child support
• Paternity and parentage
• Family Offense (Orders of Protection)

This guide does not cover other types of Family Court cases, such as abuse and neglect cases or juvenile delinquency cases.

Tip

Your case will finish faster if both parties agree on some or all of the issues. However, keep in mind that any agreement will likely be in place for a long time and can be difficult to change once it becomes a court order.

All Family Court cases begin when someone (known as the petitioner) files a petition. This typically is done in person or online through NYS Courts Electronic Filing (NYSCEF). After filing, the petitioner must have the other party (the respondent) served. This means given the court documents in a certain way. Click here for more resources on serving court papers.

In some cases, the petitioner will see the jurist right away after filing the petition. In Family Court, the jurist is a judge, support magistrate, or referee, depending on your case. Seeing a jurist right away may happen if the petitioner asks for an emergency order or an order of protection. In most other cases, the petitioner will be given a date to come back to court.

The first court appearance is also called the return of process. At the first appearance, the jurist may:

• Ask for proof of service: The petitioner must show proof that the respondent was served correctly. If the petitioner has not yet been able to serve the other party, the jurist typically will schedule another court date. This is called an adjournment.
• Review the petition and what you are asking the court to do (for example, order child support or grant custody).
• Explain the case and your rights, including your right to counsel. You may be able to get a free lawyer appointed to represent you depending on your income and the type of case. For example, Family Court may appoint a lawyer to parents who qualify financially in custody or visitation cases, to respondents in paternity cases, or to non-custodial parents who are at risk of going to jail in child support violation cases. Even if you do not qualify for a court-appointed lawyer, you can ask for time to speak with a lawyer or to hire one.
• Issue temporary orders. Note that a jurist usually will not make temporary orders in custody or visitation cases unless both parties are present or it is an emergency.

If you and the other party do not agree on what the court should do, the jurist will adjourn the case. The jurist will tell you what you need to know about the next court date. For example, you may need to bring important paperwork for a child support case, such as proof of your income and tax returns. If you are not sure what is supposed to happen on the next court date, it is okay to ask.

Note

In a custody or visitation case, the court may appoint an Attorney for the Child (AFC). The AFC’s job is to represent your child and tell the court what your child wants. The AFC will gather information and speak to your child, usually without you present.

At any point in the case, the court may have a conference. In Family Court, a conference is a formal meeting with the jurist (or their court attorney). A conference is more common in certain types of cases, like custody or visitation. The conference could be virtual or in person. At the conference, the court may:

• Ask for status updates. The court will want to know what is happening in the case. For example, are the parties following the temporary orders? The court will also want to know if anything changed since the last court date.
• Change any temporary orders. Typically, temporary orders last until the next court date. If you disagree with a temporary order, you can ask the court to change it. In some cases, you can file a motion to ask for a change before the court date. The court may hold a separate hearing to address your motion. See our guide on “Motions.”
• Order a Court-Ordered Investigation (COI) or forensic evaluation. These reports can help the jurist make a decision about the child, such as who the child should live with. See our guide on “Common Reports in Family Court” to learn more.
• Try to help you settle the case. If the case cannot be settled, the court can schedule another court appearance or trial.

You may have several conferences before going to trial. This is common in Family Court.

If your case is going to trial, the jurist may schedule a conference several weeks or months before the trial date. This is called a pre-trial conference. Like other conferences, this is more common in custody or visitation cases. At a pre-trial conference, the court will ask you what witnesses and evidence you want to present at trial. You can read more about preparing for trial in other guides, such as “Evidence” and “Witnesses.”

The trial is the final hearing in your case. It is sometimes referred to as a fact finding. Most trials happen in person, even if earlier court dates were virtual. The trial can take place over multiple days, sometimes months apart.

At trial, both parties will present their cases. This means testifying, putting in evidence, questioning witnesses, and making arguments about why the court should (or should not) issue a particular order. There is no jury in Family Court. The jurist makes the final decision.

In order of protection cases, the court may hold (or you may want to ask for) a dispositional hearing after the trial. A dispositional hearing happens if the court made a finding that what was in the petition is true. The purpose of this hearing is for the court to decide what to do now that a finding was made. Both parties can enter additional evidence or testimony to help with this decision. You can also offer evidence of things that happened after the petition was filed.

Important!

If you represent yourself at trial, you will be expected to understand the law and rules, such as the rules of evidence. The jurist cannot give you advice or tell you how to present your case.

After the trial or fact finding, the jurist will make a final order. Sometimes you may get the final order the same day. Sometimes you will get it later by mail or email. This could be a few days or weeks later. If you disagree with the final order, you can file an objection for final orders issued by support magistrates (such as in paternity and child support cases). Or, you can file an appeal for final orders in other types of cases. See our Legal Resource Guides to learn more.

Tip

Keep copies of court orders in a safe place. You may want to give copies to others, like your child’s school or your employer. This is especially true for orders of protection or custody and visitation orders.

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 document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.