The Nuts and Bolts of Custody Proceedings: From Intake to Trial in New York State Family Court

With the recent changes in the law, the dynamics of custody proceedings in NYS Family Court have changed significantly over the past several years. Family Court now recognizes the rights of non-biological domestic partners, same-sex partners, and "tri-custodial" rights in addition to the "traditional" parents for the purposes of custody filings.

This course, presented by Philip Katz, a Partner at Fink & Katz, will provide you with a brief overview of how and when it is appropriate to bring a custody proceeding in NYS Family Court, taking into account recent major developments in family law. The areas of jurisdiction, venue, standing, different burdens of proof for different movants, the different types of custody, differences between initial petitions and modification petitions, and a cursory examination of basic trial strategies will all be examined.

Learning Objectives:

1. Learn when to file and what to file for your client seeking custodial rights in NYS Family Court
2. Understand how to prosecute or defend your client pre-fact finding in a custody proceeding in NYS Family Court
3. Identify the different types and "flavors" of custody (e.g. Joint Legal, Sole Legal, Sole Physical)
4. Effectively represent your client at fact finding in a custody proceeding in NYS Family Court