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Wikipedia

New York Family Court

January 01, 1970

The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state.[2][3][4] The New York City Family Court is the name given to the state Family Court within New York City.

Family Court of the State of New York
Court overview
FormedSeptember 1, 1962 (1962-09-01)
JurisdictionNew York
Court executive
  • deputy chief administrative judge
  • NYC deputy chief administrative judge
Parent departmentState Unified Court System
Key document
  • Family Court Act[1]

Jurisdiction edit

It is a family court that hears cases involving children and families and handles issues such as child abuse and neglect, adoption, child custody and visitation, domestic violence, guardianship, juvenile delinquency, paternity, persons in need of supervision (PINS), child support, and termination of parental rights.[5][6] In New York City, it has concurrent jurisdiction with the New York City Criminal Court for family offenses (domestic violence).[citation needed]

 
The Family Court building in Manhattan

Family Court does not have jurisdiction over divorces, which must be litigated in the Supreme Court (which is a trial court, rather than the highest court which would be the New York Court of Appeals) and although Criminal Court domestic violence parts typically hear all cases involving crimes against intimate partners (whether opposite- or same-sex), New York law defines family offenses to include only those related by blood, actual marriage (common law marriage is not recognized in New York), or a child in common.[citation needed]

Judges edit

In the New York City Family Court (the "Family Court of the State of New York within the City of New York"), judges are appointed by the Mayor to ten-year terms; elsewhere they are elected to ten-year terms.[2] There are 47 judges in the New York City Family Court.[7]

In 1939, Justice Jane Bolin became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court, then called the Domestic Relations Court.[citation needed] Her 10-year appointment was renewed by the city's mayors three times until she reached the mandatory retirement age of 70.[citation needed]

History edit

The NYC Domestic Relations part (commonly known as the Family Court) of the Magistrates' Court system created in 1910 had dealt with those chargeable with the support of wives, children and "poor relatives" under its criminal jurisdiction over "disorderly persons".[8][9] The children's court part of the NYC Court of Special Sessions was created in 1915, from a 1902 children's court division of the New York County Court of General Sessions.[10] Children's courts were authorized throughout the state by constitutional referendum in 1921 followed by statutes in 1922 and 1924.[11][12][13][14] By 1933, jurisdiction was divided among the children's court, the magistrates' courts which dealt with deserting and nonsupporting husbands as "disorderly", the court of special sessions with jurisdiction in illegitimacy cases, the surrogate's court with jurisdiction in adoption cases, and the supreme court with divorce jurisdiction.[15] The NYC Children's Court and NYC Domestic Relations Court (commonly known as the Family Court) were consolidated into the Domestic Relations Court of the City of New York created on October 1, 1933.[16][17][14] In 1962 the Family Court replaced these courts after a 1961 constitutional amendment.[1][18]

See also edit

Notes edit

  1. ^ a b "Family Court Act". Laws of New York. Vol. 185th sess.: III. 1962. pp. 3043–3132. hdl:2027/uc1.b4378119. ISSN 0892-287X. Chapter 686, enacted 24 April 1962, effective 1 September 1962.
  2. ^ a b Constitution of the State of New York Article VI, § 13
  3. ^ Family Court Act § 113
  4. ^ New York City Bar Association 2012, pp. 3–5.
  5. ^ New York City Bar Association 2012, p. 1.
  6. ^ https://ww2.nycourts.gov/COURTS/nyc/family/overview.shtml
  7. ^ Glaberson, William (March 28, 2012). "For Top Judge, Tough Lessons on Family Court Bench". The New York Times.
  8. ^ "Inferior Criminal Courts Act of the City of New York". Laws of New York. Vol. 133rd sess.: II. 1910. pp. 1774–1821. hdl:2027/uc1.b4375313. ISSN 0892-287X. Chapter 659, enacted 25 June 1910, effective immediately.
  9. ^ Mooney v. Mooney, 187 Misc. 789, 65 N.Y.S.2d 119 (N.Y. Misc. 1946)
  10. ^ "An Act to amend the inferior criminal courts act of the city of New York, generally". Laws of New York. Vol. 138th sess.: II. 1915. pp. 1560–1589. hdl:2027/nyp.33433090742796. ISSN 0892-287X. Chapter 531, enacted 8 May 1915.
  11. ^ "Children's Court Act". Laws of New York. Vol. 145th sess.: I-II. 1922. pp. 1259–1276. hdl:2027/nyp.33433090742804. ISSN 0892-287X. Chapter 547, enacted 10 April 1922, effective 1 May 1922.
  12. ^ Counsel to the Governor (10 April 1922), NYS Bill and Veto Jackets: 1922, Chapter 547, New York State Library
  13. ^ "Children's Court Act of the City of New York". Laws of New York. Vol. 147th sess.: I–II. 1924. pp. 493–514. hdl:2027/nyp.33433108121108. ISSN 0892-287X. Chapter 254, enacted 23 April 1924, effective 15 September 1924.
  14. ^ a b Sobie, Merril (July 1988). "The Family Court: An Historical Survey". New York State Bar Journal. 60: 55. ISSN 0028-7547. Retrieved 2024-03-24.
  15. ^ Flexner, Bernard; Oppenheimer, Reuben; Lenroot, Katharine F (1933). The Child, the Family, and the Court: A Study of the Administration of Justice in the Field of Domestic Relations: General Findings and Recommendations (PDF). United States Children's Bureau. pp. 32–33.
  16. ^ "Domestic Relations Court Act of the City of New York". Laws of New York. Vol. 156th sess.: I–II. 1933. pp. 1038–1080. hdl:2027/umn.31951d022825520. ISSN 0892-287X. Chapter 482, enacted 26 April 1933, effective 1 October 1933.
  17. ^ Counsel to the Governor (26 April 1933), NYS Bill and Veto Jackets: 1933, Chapter 482, New York State Library
  18. ^ Counsel to the Governor (24 April 1962), NYS Bill and Veto Jackets: 1962, Chapter 686, New York State Library

References edit

External links edit

January 01, 1970
york, family, court, family, court, state, york, specialized, court, york, state, unified, court, system, located, each, county, state, york, city, family, court, name, given, state, family, court, within, york, city, family, court, state, yorkcourt, overviewf. The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state 2 3 4 The New York City Family Court is the name given to the state Family Court within New York City Family Court of the State of New YorkCourt overviewFormedSeptember 1 1962 1962 09 01 JurisdictionNew YorkCourt executivedeputy chief administrative judgeNYC deputy chief administrative judgeParent departmentState Unified Court SystemKey documentFamily Court Act 1 Contents 1 Jurisdiction 2 Judges 3 History 4 See also 5 Notes 6 References 7 External linksJurisdiction editIt is a family court that hears cases involving children and families and handles issues such as child abuse and neglect adoption child custody and visitation domestic violence guardianship juvenile delinquency paternity persons in need of supervision PINS child support and termination of parental rights 5 6 In New York City it has concurrent jurisdiction with the New York City Criminal Court for family offenses domestic violence citation needed nbsp The Family Court building in Manhattan Family Court does not have jurisdiction over divorces which must be litigated in the Supreme Court which is a trial court rather than the highest court which would be the New York Court of Appeals and although Criminal Court domestic violence parts typically hear all cases involving crimes against intimate partners whether opposite or same sex New York law defines family offenses to include only those related by blood actual marriage common law marriage is not recognized in New York or a child in common citation needed Judges editIn the New York City Family Court the Family Court of the State of New York within the City of New York judges are appointed by the Mayor to ten year terms elsewhere they are elected to ten year terms 2 There are 47 judges in the New York City Family Court 7 In 1939 Justice Jane Bolin became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court then called the Domestic Relations Court citation needed Her 10 year appointment was renewed by the city s mayors three times until she reached the mandatory retirement age of 70 citation needed History editThe NYC Domestic Relations part commonly known as the Family Court of the Magistrates Court system created in 1910 had dealt with those chargeable with the support of wives children and poor relatives under its criminal jurisdiction over disorderly persons 8 9 The children s court part of the NYC Court of Special Sessions was created in 1915 from a 1902 children s court division of the New York County Court of General Sessions 10 Children s courts were authorized throughout the state by constitutional referendum in 1921 followed by statutes in 1922 and 1924 11 12 13 14 By 1933 jurisdiction was divided among the children s court the magistrates courts which dealt with deserting and nonsupporting husbands as disorderly the court of special sessions with jurisdiction in illegitimacy cases the surrogate s court with jurisdiction in adoption cases and the supreme court with divorce jurisdiction 15 The NYC Children s Court and NYC Domestic Relations Court commonly known as the Family Court were consolidated into the Domestic Relations Court of the City of New York created on October 1 1933 16 17 14 In 1962 the Family Court replaced these courts after a 1961 constitutional amendment 1 18 See also editNew York State Office of Children and Family Services OCFS New York City Administration for Children s Services ACS Notes edit a b Family Court Act Laws of New York Vol 185th sess III 1962 pp 3043 3132 hdl 2027 uc1 b4378119 ISSN 0892 287X Chapter 686 enacted 24 April 1962 effective 1 September 1962 a b Constitution of the State of New York Article VI 13 Family Court Act 113 New York City Bar Association 2012 pp 3 5 New York City Bar Association 2012 p 1 https ww2 nycourts gov COURTS nyc family overview shtml Glaberson William March 28 2012 For Top Judge Tough Lessons on Family Court Bench The New York Times Inferior Criminal Courts Act of the City of New York Laws of New York Vol 133rd sess II 1910 pp 1774 1821 hdl 2027 uc1 b4375313 ISSN 0892 287X Chapter 659 enacted 25 June 1910 effective immediately Mooney v Mooney 187 Misc 789 65 N Y S 2d 119 N Y Misc 1946 An Act to amend the inferior criminal courts act of the city of New York generally Laws of New York Vol 138th sess II 1915 pp 1560 1589 hdl 2027 nyp 33433090742796 ISSN 0892 287X Chapter 531 enacted 8 May 1915 Children s Court Act Laws of New York Vol 145th sess I II 1922 pp 1259 1276 hdl 2027 nyp 33433090742804 ISSN 0892 287X Chapter 547 enacted 10 April 1922 effective 1 May 1922 Counsel to the Governor 10 April 1922 NYS Bill and Veto Jackets 1922 Chapter 547 New York State Library Children s Court Act of the City of New York Laws of New York Vol 147th sess I II 1924 pp 493 514 hdl 2027 nyp 33433108121108 ISSN 0892 287X Chapter 254 enacted 23 April 1924 effective 15 September 1924 a b Sobie Merril July 1988 The Family Court An Historical Survey New York State Bar Journal 60 55 ISSN 0028 7547 Retrieved 2024 03 24 Flexner Bernard Oppenheimer Reuben Lenroot Katharine F 1933 The Child the Family and the Court A Study of the Administration of Justice in the Field of Domestic Relations General Findings and Recommendations PDF United States Children s Bureau pp 32 33 Domestic Relations Court Act of the City of New York Laws of New York Vol 156th sess I II 1933 pp 1038 1080 hdl 2027 umn 31951d022825520 ISSN 0892 287X Chapter 482 enacted 26 April 1933 effective 1 October 1933 Counsel to the Governor 26 April 1933 NYS Bill and Veto Jackets 1933 Chapter 482 New York State Library Counsel to the Governor 24 April 1962 NYS Bill and Veto Jackets 1962 Chapter 686 New York State LibraryReferences editIntroductory Guide to the New York City Family Court PDF Committee on Family Law and Family Court of the Association of the Bar of the City of New York February 2012 External links editLegal Referral Service a lawyer referral service from the New York City Bar Association Lawyer Referral and Information Service a lawyer referral service from the New York State Bar Association New York City Family Court Family Court outside New York City Family Court Act as amended in the Consolidated Laws Domestic Relations Law as amended in the Consolidated Laws Social Services Law as amended in the Consolidated Laws Uniform Rules for the Family Court in the NYCRR Retrieved from https en wikipedia org w index php title New York Family Court amp oldid 1215391136, wikipedia, wiki, book, books, library,

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