Posts tagged with "Family Court"

Juvenile Delinquency Within New York Courts

WHO IS A JUVENILE DELINQUENT? 

A “juvenile delinquent” is someone at least 7 but under 16 years old who commits an act that would be a crime if committed by an adult and is found to be in need of “supervision, treatment or confinement.” The act committed is a “delinquent act.” Juvenile delinquency cases are heard in Family Court. In Family Court, the accused child is called “the respondent.” The alleged victim is called “the complainant.” 

Children who are 13, 14 or 15 years old who commit certain more serious or violent acts may be treated as adults. These cases are heard in Supreme Court but may sometimes be transferred to the Family Court. If found guilty in the Supreme Court, the young person is called a “juvenile offender” and can be subject to more serious penalties than a juvenile delinquent. 

Termination of Parental Rights Within New York Courts

WHO FILES A PETITION TO TERMINATE A PARENT’S RIGHTS? 

ACS or the foster care agency may in some circumstances file a petition asking the court to terminate (end) a parent’s legal rights to a child so that the child may be adopted. 

WHAT ARE A PARENT’S LEGAL RIGHTS? 

The rights that the child protective agency seeks to terminate include the parent’s right to custody, to raise the child, to make religious, educational, or medical decisions for the child, to visit with the child, to speak with the child, to contact the child, and to learn about the child. 

WHO MUST BE NOTIFIED ABOUT THE PETITION? 

The mother must be served with the petition and a summons. If the child’s parents are or were married, then the agency must also serve the father. 

What You Need To Know About Child Custody and Visitation

WHAT IS AN ORDER OF CUSTODY?

An order of custody gives responsibility for the child’s care, control, and maintenance to one or both of the child’s parents or to another party.  The court may not decide issues of custody and visitation if the child is 18 years or older.

WHO MAY FILE A PETITION FOR AN ORDER OF CUSTODY?

A person who has an interest in a child’s well-being and has some connection or relationship with the child may file a petition in the Family Court requesting that the court place the child in his or her custody. The petition should be filed in the county in which the child resides, so long as the child as been residing in the state for the past six (6) months. A copy of the petition and a summons must be delivered personally to (served on) the person or parties who have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served on the other parent. If a non-parent is seeking custody of the child, then both the child’s parents must be served.

Filing For An Order of Custody, What You Need To Know

What is an Order of Custody

An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child’s parents or to another party.

Who May File a Petition for an Order of Custody?

A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child’s parents must be served.  Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.  First, your Process Server Agency should be familiar with family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number.  This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires.

Process Server Solutions

 As a process server agency, we provide a wide range of services for your legal documentation needs. We offer full-service legal solutions for law firms, attorneys, and the general public including divorce papers, summons and complaints, family court documents, subpoenas, small claims court cases, citations, petitions, discovery documents, order to show cause, evictions, landlord/tenant notices, and more.

We offer 3 levels of service for our nationwide client base. With Routine service, your process server will make a first attempt within 3 to 5 days. Rush service  allows a process server to make an attempt on the next day, while the Same Day Service does give you a first attempt on the same day as our communication with you.

Our work includes GPS affidavits of service, as well as personalized “real-time” e-mail status. We are experts at locating missing persons, witnesses, debtors, and former tenants, and we provide you with 24 hour email access to management staff so you’re never without answers.

Getting started with Undisputed Legal is as easy as picking up the phone. Our dedicated professionals are ready to assist you. No process serving job is too large or too small for our team. Call us toll-free today at 800-774-6922 to learn more about how we can help you. When you want it done right the first time, there’s only one choice: Undisputed Legal Inc.

How Courts Decide on Custody Issues

By: Kye Duncan

Takeaway: While states differ in the way they approach arranging child custody, the best interest of the child is always viewed as the priority.

Child custody is a very emotional and sensitive issue. In most cases, although not all, child custody battles are a result of divorce. The parents are dealing with the breakup of their marriage at the same time as they are fighting for the right to have custody of their child. This can create a bitter situation.

Continue reading