Coleman Process Service, Inc.
Family Court is a court convened to decide matters and make
orders in relation to family law, such as custody of children. In
common-law jurisdictions "family courts" are statutory creations
primarily dealing with equitable matters devolved from a court of
inherent jurisdiction, such as a superior court
Family Court
Who's Who in the Courtroom?
Judge:
  • The judge is in charge of the hearing (trial). He or she
    listens to witnesses, examines evidence, and then
    decides if the case has been proven.
Court Attorney Referee / JHO:
  • Some cases such as custody, visitation and orders of
    protection are conducted by a referee who may hear and
    decide the case, and issue temporary and final orders.
Support Magistrate:
  • Support cases (petitions filed seeking support for a child
    or spouse) and paternity cases (petitions filed requesting
    the court to enter an order declaring someone to be the
    father of a child) are heard by support magistrates.
Court Attorney:
  • A court attorney is a lawyer who works with and assists
    the judge by researching legal questions and helping to
    write decisions. The court attorney may also meet with
    the attorneys or parties to a case to try to reach an
    agreement without the need for a trial.
Court Clerk/Court Assistant:
  • The court clerk or court assistant sits near the judge,
    referee or support magistrate and assists in the
    preparation of orders.
Assistant District Attorney:
  • In some counties in New York City, in juvenile
    delinquency cases involving children between the ages
    of 13 and 15 who are accused of committing certain
    serious or violent acts, an Assistant District Attorney
    prosecutes the case in the Family Court.
Law Guardian:
  • A law guardian is a lawyer assigned by the judge to
    represent a child in a Family Court case.
Assistant Corporation Counsel:
  • An attorney from the New York City Law Department, who
    prosecutes juvenile delinquency cases, and may also
    represent the petitioner in some support and paternity
    cases and in family offense cases if assigned by the
    judge.
Special Assistant Corporation Counsel:
  • An attorney from the Department of Social Services who
    prosecutes child abuse and neglect cases and
    termination of parental rights cases, and presents
    support cases involving children who are receiving public
    assistance.
Guardian Ad Litem:
  • A guardian ad litem is a person assigned by the judge to
    act in place of a parent for a child whose parents are
    required to appear in Family Court but are not available
    to appear, or assigned for an adult who is mentally or
    physically unable to speak for himself or herself in court.
Assigned Counsel:
  • In some Family Court cases, the judge or support
    magistrate may assign a lawyer to represent an adult
    party who cannot afford to hire a lawyer, at no cost.
Petitioner:
  • The person or agency filing the petition is the petitioner.
Respondent:
  • The person or agency against whom the petition is filed
    is the respondent.
Court Officer:
  • Uniformed Court Officers are assigned to every
    courtroom and hearing room. They are responsible for
    security throughout the building, and also call the parties
    into the hearing rooms when the judges or support
    magistrates are ready to hear each case.
Interpreter:
  • The court provides interpreters for people who come for
    court cases and have difficulty with English. Spanish
    interpreters are usually available daily in the courthouse,
    and interpreters of many other languages, including sign
    language for the hearing-impaired, may be ordered by
    the court.
Court Reporter:
  • Records are kept of all testimony and statements made
    during court hearings. In some courtrooms, court
    reporters take notes during the hearing, using a machine
    similar to a typewriter, and may then be asked to type a
    "transcript" - a word-for-word report of what is said during
    a proceeding. (Hearings before support magistrates and
    some hearings before judges are recorded on tape-
    recorders.)
Probation Officer:
  • Probation Officers work for the Department of Probation,
    and prepare reports for the judges about the people
    involved in the cases. The Probation Officer assigned to
    the courtroom is called a Court Liaison Officer ("CLO").
Caseworker:
  • Social service agency caseworkers assigned to work with
    families bring case records to court and testify during
    hearings.
To start a case in Family Court you must first file a petition.
Your petition must be served to the respondent notifying him/her
that an action is being sought against them. This is where you
need Coleman Process Service, Inc., to serve your
documents.
Family Court Matters
There are various reasons why people end up in Family Court:

  • Acknowledgment of Paternity - A voluntary written
    statement made by the mother and biological father in
    which they admit that the man is the father of the child. A
    properly executed statement has the same legal effect as
    a court order
  • Adoption - Legal proceeding whereby a person or
    persons take a child or other person as their own child
    and thereby acquires the rights and incurs the
    responsibilities of a parent
  • Child Neglect (NN Petition)- Where parent or person
    legally responsible for the care or custody of a child (less
    than 18 years of age) is responsible for such child lack of
    proper care, including those where the child suffers
    psychological or physical damage for any reason.
  • Child Support Enforcement Term of the Family
    Court (CSET) - A special term within the New York City
    Family Court located in New York County which handles
    child support including, the establishment and
    enforcement, of child support orders and paternity
    establishment, when the child requiring support receives
    public assistance. As of January 2009, all such public
    assistance cases within NYC are handled in the New York
    County Family Court.
  • Custody (V Petition)  Petition seeking to obtain an
    order granting custody of a child. The same petition
    type is to be used to obtain visitation with a child by a
    non-custodial parent
  • Ex Parte - An application to the court made without
    notice to other parties; an application of only one party.
  • Extra Judicial Surrender - A written surrender of a
    child by a parent which is not executed and
    acknowledged before a judge, but executed before
    witnesses from an authorized agency.
  • Family Offense (O Petition) - A proceeding instituted in
    the Family Court alleging that a petitioner who is related
    to the respondent by blood or marriage (including former
    marriages) or who have a child in common has been
    hurt, threatened, harassed or stalked by the respondent.
  • Foster Care - Care provided by an authorized child care
    agency to a child who has been removed from his/her
    home by court order or voluntarily by a parent.
  • Genetic Marker Test - Order by the Court which
    requires an alleged father, mother and child to submit to
    certain medical testing to determine parentage of a child
    born out of wedlock. Any result of 98% or more
    probability of paternity is sufficient proof of paternity.
  • Judicial Surrender (AS petition) - A surrender of a child
    to an authorized agency for the purpose of adoption
    which is executed and acknowledged before a judge of
    the Family Court or a Surrogate in this state.
  • Juvenile Delinquent (D petition) - A person over 7
    and less than 16 who is found to have committed an act
    that would be a crime if it were done by an adult and is
    also found to require either supervision, confinement or
    treatment.
  • Order of Filiation (OF) - An order by the court legally
    declaring the a male party the biological father of a child,
    usually done on the basis of the filing of a paternity
    petition.
  • Order to Show Cause (OTSC) - An order made upon
    motion of one party (ex-parte) requiring the other party to
    appear and present reasons and objections (show
    cause) to the court against issuance of a proposed
    order. An OTSC is an accelerated method of bringing a
    matter before the court and may contain a proposed
    temporary order.
  • Paternity Petition - A petition to have a court determine
    if a man is the biological father of a child born out-of-
    wedlock.
  • Subpoena - A direction of the court, issued by an
    attorney or the court, commanding a person to appear in
    court.
  • Subpoena Duce Tecum - A subpoena commanding a
    person to produce in court, certain designated
    documents or records.
  • Summons - Notice for a person to appear in court at a
    specified time and place to answer a legal action against
    them.
  • Warrant - An order issued by the court directing police
    or peace officers to arrest and/or produce a respondent
    and/or child.

  • Willfulness Hearing - Conducted in spousal or child
    support proceedings to determine if the respondent
    intentionally and wilfully failed to obey a lawful order of
    support.

  • Writ - An order issued from a court of justice requiring
    the performance of a specified act, or giving authority
    and commission to have it done.

  • Writ of Habeas Corpus - An order issued by the court
    directing that a person be produced in Family Court
    immediately. This order generally requires the assistance
    of a peace officer.
As you can see, there are numerous reasons why people end
up in Family Court. For each matter, you must serve the other
party with documents so they can appear in Court.

Many people try to get their families and friends to serve these
documents, only to get their cases thrown out by the judge
because they were not served correctly and have to start the
process all over again.

Many defendants argue that they never received notice and the
case gets dismissed.
Coleman Process Service, Inc., will serve your documents
professionally and in a timely manor. You will receive one of our
affidavits stating exactly when and where the other party was
served.  
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Licensed New York State Process Server #1307150
Laurelton, New York, 11413
Office:(718)506-8961 / Fax#(718)528-3439