A description of the parties involved in Family court litigation is published on this website to serve as an appendix to the Guide To Family Court In New York to help you understand how New York Family Courts work. It is not intended to be legal advice or a substitute for a family lawyer, merely a guide to help you understand your needs and what you may be facing as your case moves along in a New York Family Court. We strongly recommend that you retain the services of a competent family lawyer to defend your rights and your children's interests. For a free consultation with a family attorney, you may call (800) 391-8392.
JUDGES: A judge is in charge of the hearing. There are no juries in Family Court.
SUPPORT MAGISTRATES: A support magistrate hears cases where a party is seeking monetary support for themselves or their children, as well as paternity cases which declare someone to be the child’s father.
COURT ATTORNEY REFEREES: Court attorney referees hear and issue orders in custody, visitation, and foster-care cases.
PETITIONER: A petitioner is the person filing the petition.
RESPONDENT: The respondent is the person against whom the petition is filed.
COURT REPORTERS: Court reporters record all statements made "on the record" in court.
COURT ATTORNEYS: Court attorneys are lawyers who work with a judge. Court attorneys may meet with the parties and their lawyers to facilitate an agreement without trial.
COURT CLERKS AND ASSISTANTS: Court clerks and assistants prepare court orders for the judge or support magistrate to sign.
ASSISTANT CORPORATION COUNSEL: Assistant Corporation Counsel are lawyers from the New York City Law Department who prosecute juvenile delinquency cases. They also represent the petitioner in support and
paternity cases when the custodial parent is on public assistance or in family offense
cases, if the judge assigns them.
SPECIAL ASSISTANT CORPORATION COUNSEL: Special Assistant Corporation Counsel are lawyers who prosecute child abuse and neglect case, and termination of parental rights cases, and present support cases involving children receiving public assistance.
ASSISTANT DISTRICT ATTORNEYS: Assistant District Attorneys prosecute juvenile-delinquency cases involving children between the ages of 13 and 15 accused of committing serious or violent acts.
LAW GUARDIANS: Law guardians are lawyers assigned to represent a child in Family Court.
GUARDIANS AD LITEM: Guardians ad litem are assigned to act in the place of a parent who are unable to appear in court for various reasons, including physical and mental disability.
CASEWORKERS: Case workers are social-service agency workers assigned to work with families. They bring case records to court and testify about the family during hearings.
