You must appear in court each time on the date and at the time set. The court will assign a lawyer to a man who denies paternity or any person who is charged with violation of a support order if that person cannot afford a lawyer. In contested paternity or support cases, the Department of Social Services will represent the custodial parent regardless of income. ![]() Assistant district attorneys present cases involving serious violent offenses. In juvenile delinquency cases, the facts of the petition are presented by the assistant county attorney. There is no charge for the help of a law guardian. The judge will assign a lawyer called a law guardian for the child. In most cases, children are entitled to legal help in the Family Court. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you. You are free to hire a lawyer of your choosing. The parties in most Family Court proceedings have the right to have a lawyer. If the petition cannot be settled by agreement, the court will schedule the case for trial. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.Īt the conclusion of the Initial Appearance, the judge will usually set a date for the lawyers to meet with the judge's law clerk to discuss the petition and whether the matter may be settled by agreement between the parties and without the need for a trial. In certain cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Get a Lawyer") and may issue a summons for the other person to appear. The judge will also explain what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. What is said in the interview will not be disclosed unless there is a finding of delinquency by the court.Īt the first court proceeding - the Initial Appearance - the judge will briefly review the petition and explain the charges or demands for relief. ![]() No one can be forced to talk to the probation workers at this time. In certain juvenile delinquency cases which do not involve serious violent actions, probation intake workers can interview the person who made the complaint, the police officer and the accused child to see if the matter can be settled without going through the court and to decide if the child should be sent home or temporarily detained. The Clerk will make sure that the petition is put on record (filed) correctly and will set a date for the first hearing of the case. The petition must be filed with the Family Court Clerk. If possible, you should consult with a lawyer before filing a petition. In juvenile delinquency cases, the county attorney will draw up the petition. If you are not represented by a lawyer, you will need to fill out the petition yourself. The petition is a sworn statement giving the facts of the case the Family Court is being asked to decide. Petition forms may be obtained from the Family Court Clerk's Office. The person against whom the petition is filed is called the Respondent. The person or agency filing a petition is called the Petitioner. When a person or an agency wants to bring a case into the Family Court, the first step is to file a petition. planning for children who have been in foster care for a year or longer.support of children, spouses and ex-spouses.children who are not charged with crimes but who may need supervision, treatment or placement (PINS) paternity.children who may have committed crimes (Juvenile Delinquency).family offenses including abuse of spouses and other family members. ![]() The family court deals primarily with the problems of children and their families. This locally adapted version has been prepared by the members of the Tompkins County Family Court Advisory Council. The guide was originally prepared and distributed as a public education project of the Fund for Modern Courts. This guide is not intended to be legal advice. You are encouraged to seek legal advice before proceeding in Family Court. The purpose of this guide is to provide you with general information regarding the operation of the Family Court system. Family Court & You | Initial Appearance | Who Can Get a Lawyer | Your Case
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