On Demand
Audio
The Nuts and Bolts of Custody Proceedings: From Intake to Trial in New York State Family Court
Produced on July 31, 2017
Course Information
Course Description
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:
- Learn when to file and what to file for your client seeking custodial rights in NYS Family Court
- Understand how to prosecute or defend your client pre-fact finding in a custody proceeding in NYS Family Court
- Identify the different types and “flavors” of custody (e.g. Joint Legal, Sole Legal, Sole Physical)
- Effectively represent your client at fact finding in a custody proceeding in NYS Family Court
Credit Information
Faculty
Philip Katz
Fink & Katz
Biography
Philip Katz advises clients on complex family law and immigration matters, and serves as trial attorney representing adults and children in these areas. Mr. Katz has been a partner at Fink & Katz from 1998 until present. He is fluent in both the English and Japanese languages.
In addition to his private client work, Mr. Katz is a member of the Assigned Counsel Plan for the Appellate Division, First Department in the County of New York, as well as certified under Part 36 to represent children in Family Court and Supreme Court Proceedings.
Experience
- Partner, Fink & Katz (1998-Present)
- Certified Member, Part 36 Judicial Appointee Certified (2014-Present)
- Panel Member, Assigned Counsel Plan, Family Court, NYC Appellate Division, 1st Dept. (2012 – Present)
- Represent parents and children in divorce actions
Selected Professional Trainings
- NITA Family Law Trial Advocacy Institute (2012)
- AFCC Resorting to Plan B: An In-Depth Look at Supervised Visitation Panel Member (2013)
- AFCC Annual Conference: Navigating the Waters of Shared Parenting (2014)
- AFCC/NYWBA Shared Parenting & Young Children: The Conundrum (2014)
- Families Matter: Enhancing Parental Representation in NYS: (2015)
- NYWBA Talking to Children in Custody Cases: (2016)
- PLI Hot Topics in Child Custody and Guardianship for NY Practitioners Panel Chair (May 2016)
Memberships / Committees
- NY County Family Court Assigned Counsel Panel, Member
- NY County Family Court Assigned Counsel Assn, President
- NYC Bar Assn Matrimonial Law Committee, Member
- Association of Family and Conciliation Courts
- NY County Women’s Bar Association
- NY County Family Court CVO Advisory Committee
- New York County Statewide System Reform Program Committee
Accreditations / Certifications / Bar Admissions
- NYS Bar, Appellate Division, 2nd Dept. (1997)
- Eastern & Southern Districts of New York, Admitted (1997 & 1999)
Languages
- Bi-Lingual, Fluent in English and Japanese
Reviews
Excellent
This course was excellent. Covered many different areas, including non-conventional families and non-parent custody. Very thorough and well-done.
Very informative
Speaker was very good