Either of the childâ€™s parents may file for custody rights in New York. Although a parent may file without an attorney, the courts strongly recommend that you consult one to ensure all of your rights are protected. Furthermore, in some rare cases if you cannot afford an attorney due to extreme financial hardships, then the Family Court will appoint you one.
If a parent is obtaining a divorce at the same time they are seeking custody, then they may add that claim to their divorce complaint and file with Supreme Court. However, if the parent is solely seeking custody or visitation, then they may file their claim with the Family Court. Keep in mind that if you do have divorce open with Supreme Court and you want to obtain custody, then you cannot open the custody case with Family Court until the divorce is finalized.
Jayson Lutzky has been a practicing New York attorney for 30 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website athttps://mynewyorkcitylawyer.com/Â for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.