Family Court is a County wide Court that hears cases involving families and children. The Dutchess County Family Court is located at 50 Market Street in Poughkeepsie. The telephone number is (845) 486-2500 and it is open 9 A.M. to 5 P.M., Monday through Friday. You do not need an appointment to come to Court to file papers to start a proceeding. For more information, including directions, visit the home page of the Dutchess County Family Court at: www.courts.state.ny.us/courts/9jd/dutchess/family.shtml
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There are three Family Court Judges who are elected and serve a 10-year term. There are two Support Magistrates who hear support and paternity cases and one Court Attorney Referee who hears cases involving children in foster care.
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The court hears the following types of cases involving families and children: Adoption, Juvenile Delinquency, Child Support, Paternity, Custody, Visitation (including grandparent and sibling visitation), Domestic Violence (Family Offenses), Persons in Need of Supervision (PINS), Child Abuse and Neglect, Foster Care placement and Termination of Parental Rights. Family Court does not handle actions for divorce, separation or annulment. There is no jury in Family Court. All decisions are made by the Judges or Magistrates.
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Yes, and if a party cannot afford an attorney, the Court can appoint one to represent that person in certain types of cases, including in juvenile delinquency and PINS proceedings, domestic violence cases, custody and visitation, child abuse and neglect and termination of parental rights. Children involved in Family Court may be assigned an attorney. That attorney used to be called a Law Guardian and is now referred to as “Attorney for the Child.” The fee is paid for by the State.
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The case begins when a person or an agency (such as the Department of Social Services) files a petition. The person/agency commencing the proceeding is called the “petitioner.” The person against whom the petition is brought is called the “respondent.”
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Custody decisions are based upon what is in the “best interests” of the child. Neither parent has a greater right to custody. The only other factor the Court must consider is domestic violence that has been proven. Parents are free to reach an agreement on their own as to custody and visitation and the Court will sign an order incorporating that agreement. If the case cannot be settled, the Judge may refer the parties for an evaluation by a social worker or other mental health profession. After that, if the case does not settle, the Court will conduct a trial and then issue a decision, usually in writing. Parties may agree to joint legal custody, but the Court will not award joint custody after a trial.
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Yes. Under certain circumstances, a grandparent or a sibling may be awarded visitation.
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If the parties are related by blood or marriage, formerly married, or have a child in common, or if the parties are involved in an intimate relationship, a proceeding may be brought in Family Court and is referred to as a family offense proceeding. The purpose of a Family Court proceeding is to attempt to stop the violence, end the family disruption and obtain protection for the victim. Some of the acts that constitute family offenses are: harassment, stalking, criminal mischief, reckless endangerment, and assault, as defined by the Penal Law. An application for an order of protection is usually heard the same day it is filed. The Court may issue a temporary order of protection for “good cause.” At the conclusion of the case, the Court may issue a final order of protection, which may be valid for up to two years or if “aggravating circumstances” exist, for up to five years. The order of protection may provide that the abuser stay away from the victim (500 feet or 1000 feet away), the home, the school or place of employment; permit a parent to visit with children; refrain from committing further acts of domestic violence; be allowed to remove his/her personal possessions from the home (with the escort of the police); pay counsel fees; that the abuser attend a batterer’s education program; or pay the medical expenses arising from the domestic violence incident. The Court may also award temporary custody in an order of protection. In New York an order of protection may include family pets.
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In New York State, parents have an obligation to support their children until the age of 21, unless the child is emancipated (i.e., married, in the military or self-supporting).
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The amount of child support is determined by applying the Child Support Standards Act and is based on the relative adjusted gross incomes of parents. The Family Court has the power to send a parent to jail for willfully failing to pay court-ordered child support. If a parent intentionally quits a job, that parent is still responsible for child support. The Court also may order parents to contribute to the costs of a college education in accordance with their respective incomes - often capping the amount at that charged by a state school. Child support issues are handled by a Support Magistrate. If a parent disagrees with the Magistrate’s decision, the parent can appeal to the Family Court Judge and then to the Appellate Courts.
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If paternity is contested, a parent has the right to ask for DNA testing. A DNA result of 95% probability of paternity creates a presumption of paternity and will establish paternity if not refuted.
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These are children between the ages of seven and 16 who have committed acts that would constitute crimes if committed by adults. The child has the same rights as an adult, including the right to an attorney. Any determination in a juvenile delinquency case must be based on proof beyond a reasonable doubt.
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This stands for “person in needs of supervision” and includes children up to the age of 18. These are children who are truant or considered incorrigible, ungovernable, or beyond the lawful control of a parent. Either the parent or the school can initiate a PINS petition.
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The law allows the Family Court to intervene to protect a child against the wishes of a parent, when the child's health or safety is in danger. A child is considered abused when a parent inflicts or allows the infliction of physical injury (other than by accident) or commits other offenses against a child such as sexual abuse. A child is neglected when a parent fails to properly care for a child and the child’s physical, mental or emotional condition has become impaired or is in danger of becoming impaired. These cases are brought by the Department of Social Services and children may be removed from the home, either temporarily or permanently. When a child has been placed in foster care, the Family Court must review the case every six months to review the goals for the child, such as: a speedy return to home; freeing the child for adoption; or, preparing the child for independent living. In these types of cases, a CASA worker or “Court Appointed Special Advocate” may be appointed for the family and informs the Judge regarding family concerns and the need for services. |
