Posts tagged with "Guardianship"

Who’s Who’s In New York Family Court

JUDGES: A judge is in charge of the hearing (trial). Judges listen to witnesses, examine evidence, and then decide whether the case has been proven. 

SUPPORT MAGISTRATES: A support magistrate hears support cases (petitions seeking monetary support for a child or spouse) and paternity cases (petitions to declare someone to be the child’s father). 

COURT ATTORNEY REFEREES: Court attorney referees hear and issue orders in custody, visitation, and foster-care cases. 

PETITIONER: A petitioner is the person or agency filing the petition. A petition is a written request to the court to make a decision. 

RESPONDENT: The respondent is the person or agency against whom the petition is filed. 

What You Need To Know About New York Family Court

The Family Court of the State of New York has the authority to decide cases affecting the lives of children and families. The court has a wide range of powers to fit the needs of the people who come before it.

The Family Court Act gives the Family Court power to hear certain types of cases. Each case filed is given its own identifying number, called a “docket number.”

The docket number begins with a letter that identifies the type of case filed:

Rules, Laws And The Process of Guardianship

WHAT IS GUARDIANSHIP? 

A guardian is a person or an agency that the court gives authority to be responsible for a child’s care. The Family Court may grant guardianship of a child 18 years of age or younger, or of an 18-21 year old with the young person’s consent. Guardianship is similar to custody and to adoption: a person petitions to care for and be legally responsible for a child. 

An adult relative, family friend, or a child protective agency may petition the court to be appointed the child’s guardian. Guardianship is the most extensive power, short of adoption, that a court can give a non-parent. It is not a permanent relationship; it ends automatically when the child reaches 18 years of age (21 if the child consents) or when the child marries or dies. The child’s guardian can, among other things, obtain or consent to medical, educational, and mental health services; consent to marriage; consent to enlistment in the armed services; and consent to the inspection and release of confidential medical records.