Which Family Court has jusidiction over my case? By Brooklyn Family Court Attorney

Jurisdiction means to have control over something. When referring to the courts it means possessing the power to make decision over a particular case. Various courts may share jurisdiction, in New York State one can go to Family Court or Supreme Court. Typically a case begins in Family Court, unless the parties, people involved in the case, being the parents are getting a divorce. If so, it is then taken to the Supreme Court.

In filing for custody or visitation in a case there are jurisdiction rules. One must file for either custody or visitation in the county of home state of that child. The home state of a child is defined as the state in which the child has lived for at least six months. The rule is properly known as the Uniform Child Custody Jurisdiction and Enforcement Act.

Like all rules there are some exceptions. A court in another state in some instances can get a temporary emergency jurisdiction for a child who hasn’t lived there for six months. In the case that the child is younger than six months, the state where the child was born will act the home state.

If a change is to be made to a custody or visitation order, it is known as a change of circumstance. If this is sought, one must file a petition, a written request, to modify the old order, a decision made by a judge. Regardless of the current residence of the child, the court that decided upon the original custody or visitation order is the one with jurisdiction. This doesn’t mean that one can not have the case moved to a new location at a different court. To do so you have to file a motion, a written request, asking the judge to change the venue, the location, of the case. This entire process is called filing a motion for a venue change.

When making this decision a judge takes into consideration a few things. Where the child currently lives ad how long they’ve lived there, where each party lives, the financial situation of the people involved, the nature and location of evidence needed in the case and any other factors the judge views as important.

It is also possible for a custody or visitation case to be started in two different states. In this even the two judges will come to an agreement as to which court should make the decision, usually the home state. If you are serving papers to a person living in a different state there are a few options available. You can contact the local police station or sheriff’s office for help. You can hire a private service company to serve them or ask the judge how to serve the person.

A telephonic hearing is when one or both parties to a case are allowed to testify via phone rather than in person. In order to do you have to make a written request to your judge by filing out a form. This form is called an “Electronic Testimony Application a Waiver of Physical Presence” where you must explain why you are asking fir a telephonic hearing. This from can be downloaded at the New York State Courts Website or by contacting the judge’s courtroom and asking for one.

In the case that you want to modify the custody or visitation order from a divorce, the divorce papers may inform you as to which court, Supreme or Family, has jurisdiction. Then the specified court will be the one where you will file your petition. It is also common for the divorce paper to state that both Supreme Court and Family court have concurrent jurisdiction meaning you can file a petition at either one.

If you are sending your child to live with a relative in a different state and there is no custody, guardianship or visitation order then you do not need anything from Family Court before sending the child. However if the relative encounter problems registering the child for school or medical care he or she can file for custody or guardianship following the home sate rule
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If one has a custody or visitation order in the state of New York and moves to a new sate, generally that state will enforce the order. In some states one may have to register the order before enforcing, to find out if this is needed contact the Family Court or a legal organization of the new state.

What Parents need to know if they lose custody of their child or children

The Administration for Children Services (A.C.S.) is the New York City agency responsible for guaranteeing the protection of children against abusive or neglectful parents. Anyone suspected of abuse or neglect will have the custody of their child or children challenged in Family Court through a Child Protective Proceeding.

Parents who lose custody of their children may get their parental rights back by doing the following:

1) You must attend all required court appearances and become familar with Child Protective process.
2) You must keep in close contact with your children while they are in foster care. You can maintain this contact through repeated phone calls and/or visits. If you do not keep in contact with your children, you may have your parental rights terminated by the A.C.S.
3) You must make provisions to ensure a safe home environment by making sure to provide for their children’s emotional, physical, educational, medical and financial needs.


Parents who lose custody of their children have the following rights:

1) You have the right to ask for the return of your children at a 1028 hearing.
3) You can request that the children be placed in the care of family members instead of a foster home.
3) Even if your children are placed in foster care, you have the right to meet your children’s teachers, doctors, and other service providers.

Always remember you, as a parent have a right to have visits with your child while your child is in Foster Care.

To learn more about Child Protective Proceedings, visit Brooklyn Family Court Attorney for a free phone consultation.