Manhattan child custody lawyer Ryan Besinque releases a new article (https://www.besinquelaw.com/what-to-expect-in-a-child-custody-proceeding-anatomy-of-a-custody-case/) explaining how custody or visitation cases start in New York. The lawyer mentions that the family court may seem like a foreign land to many people. This is why it is important to be familiar with most of the processes involved in proceedings that take place in family courts.
“For a custody or visitation case to start, either parent/guardian must file a petition for custody or visitation with the Family Court in the county where the child has lived for the past six consecutive months. In the petition, the filing party will lay out the reasons why they think they should have custody of or visitation with the child,” says the Manhattan child custody lawyer.
The lawyer explains that once filed, the petition and a summons will be served to the other party personally. Usually, there will be a hired person to serve the papers to the other parent. But in some cases, any person over the age of 18 is allowed to personally serve the other party. The person who served the other party will then have to complete an affidavit to prove the service.
Attorney Ryan Besinque adds that after the service, the first court date will follow. This is also called a Return of Process date. Here, the filing party will have to appear and inform the court of whether or not the party was properly served. The opposing party is expected to appear at the Return of Process date if they were served properly.
In the article, the lawyer says that each party is given the option to hire their own attorney and see if they qualify for a free court-appointed attorney, or they can also represent themselves. The attorneys and parties will lay out any issues standing in the way of a settlement so the Court can better understand the specific case.
According to the defense attorney, “At the conclusion of the initial Conference, the Court may issue orders related to the above, as well as temporary orders regarding visitation, phone contact, location of child exchange, or any other logistical orders that need to be made. The parties will then be responsible for complying with those orders until the next court date, usually a Settlement Conference, several weeks after the initial Conference.”
Lastly, attorney Besinque emphasizes that it’s very important to seek the help of an experienced child support attorney in matters related to child support. Having a skilled attorney may be able to help when it comes to creating agreements with child support and help them when it comes to understanding their rights and responsibilities.
About The Law Office of Ryan Besinque
Ryan Besinque, Esq. is an experienced New York City child support attorney. He has witnessed firsthand the financial and emotional toll divorce and separation can take on families during his years of practice. He tailors his approach to ensure that each client is fully represented and feels optimistic about the future. Contact them today at (929) 251-4477 to schedule an appointment.
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