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 a child custody case starts in New York. The lawyer mentions that the family court is a foreign land with rules and procedures that remain a mystery until the need to actually visit comes. The process can be more comfortable if the person is familiar with what is going to happen.
“Either you or the child’s other parent/guardian will 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 that the petition and summons must be personally served to the other party once filed. The party who filed the petition should hire a process server to physically hand the papers to the other party. In other cases, the filing party can have a person over the age of 18 personally serve the other party.
Attorney Ryan Besinque says that once the papers are served, the court date or Return of Process date comes next. The first court date is where the filing party will appear and inform the court whether or not the opposing party was properly served. If the other party was properly served, they are expected to appear at the Return of Process date.
In the article, attorney Besinque says that at the initial conference, the attorneys will lay out any issues standing in the way of a settlement. This is done so that the court can have a better understanding of the case. These issues range far and wide, from safety concerns about one parent, general lack of overall involvement, lack of information about a parent’s home’s suitability for visitation, or even an assertion that the child does not want visitation with a parent.
According to attorney Besinque, “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 custody attorney in matters related to child custody and visitation. 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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Source: Digital Journal