Family Court Procedure for Child Support, Custody and Domestic Violence Cases in New York

Step 1: Filing the Petition

• Either parent (or sometimes a guardian) files a petition in Family Court.
• Custody/Visitation Petition → asks the court to decide who the child lives with and visitation rights.
• Child Support Petition → requests financial support to help cover a child’s living expenses.
• Family Offense Petition → requests an order of protection

 Step 2: Serving the Other Parent

• The other parent must be properly served with the petition and notice of the hearing.
• Service must follow court rules. If the other parent lives out of state, special service rules may apply.
• The process server will provide an Affidavit of Service which we will file with the Court.

 Step 3: First Court Appearance

• Both parties appear before a Family Court Judge (custody or order of protection cases) or a Support Magistrate (child support cases).
• First, the Court will decide if you properly served the petition upon the other parent.
• Second, if service has been properly committed, then the Court will ask the other parent if they’d like sometime to find an attorney.
• If the other parent requests an attorney, the Court will tell the parties the next time they will have to appear in Court.

Step 4: Discovery & Evidence

If the case is contested, parties must share important documents.

• Custody cases: school records, medical records, proof of parenting involvement.
• Support cases: pay stubs, W-2s, tax returns, childcare expenses, health insurance costs.

 Step 5: Temporary Orders (If Needed)

• While the case is ongoing, the court may issue temporary orders to ensure that the child continues to enjoy a stable life These may include:
  • Temporary custody or visitation schedule
  • Temporary child support payments
  • Orders of protection (if domestic violence is alleged)

 Step 6: Court Hearings / Trial

• If parents cannot agree, the case moves to hearings.
• Both sides may:
  • Present testimony and documents
  • Call witnesses (teachers, doctors, relatives)
  • Cross-examine each other’s witnesses
• The judge’s focused on the best interests of the child in custody cases.

 Step 7: Court’s Decision / Final Order

• Custody Orders: decide legal custody (who makes major decisions), physical custody (where the child lives), and visitation.
• Child Support Orders: set the payment amount using New York’s Child Support Standards Act (CSSA):
  • 17% of combined parental income for 1 child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • At least 35% for 5 or more children
• Orders may also include childcare, educational, and medical expenses.

 Step 8: After the Order

• Modification: Either parent may request a change if:
  • 3+ years have passed, OR
  • Income/expenses change by at least 15%, OR
  • A substantial change in circumstances occurs.
• Enforcement: If a parent fails to follow the order, the other parent can file a violation petition. Penalties may include:
  • Wage garnishment
  • Seizure of tax refunds
  • Suspension of driver’s license
  • Contempt of court

 Key Points to Remember

• Custody and support cases are about the child’s best interests, not the parents’ convenience.
• Agreements can be reached by consent, but once signed by the judge they have the force of a Court order.
• Family Court does not grant divorce — only custody, visitation, support and orders of protection. Divorce must be filed in Supreme Court

Our Team Is Here To Help You Resolve Your Family Court Matters

If you’re currently going through a family court matter such as child support or a child custody battle, you already know how difficult it can be to keep your emotions in check. You may be having a hard time making decisions or reaching resolutions with your spouse, partner, or family member.

As a family court attorney, Mr. Stepanian understands what you’re going through and wants to reassure you that having such complex feelings during your legal matter is completely normal. After all, the decisions you make now will change your life for many years to come. For this reason, Mr. Stepanian offers you compassion during this tough time as well as legal services that help you reach peaceful resolutions. Getting a family court attorney involved in your situation doesn’t mean that you want to start or continue a conflict; it simply means that you’re ready to work toward a resolution so that you can move forward. If you’re ready to put conflict behind you in favor of a fresh start, contact the Stepanian Law Firm for help