FAMILY COURT

Family Court deals with juvenile delinquents, paternity, support, custody and visitation, unsupervisable children, family offenses, and child neglect and abuse.

Juvenile Delinquents

Children over seven (7) and under sixteen (16) years old, who commit crimes, with exceptions for very serious crimes, are tried in Family Court. If the County Probation Department does not resolve (divert) the case, it will file a petition. All proceedings are conducted before a judge who can dismiss the petition, suspend judgment, place the child on probation, give custody of the child to the County Commissioner of Social Services or commit the child to a State facility.

Paternity

Paternity (filiation) petitions are usually precusors of child support petitions. The mother, reputed father and child provide saliva samples and DNA testing determines whether the alleged father is the actual father. Once paternity is acknowledged or established, support must be awarded to the custodial parent.

Child Support

The Child Support Standards Act established percentage guidelines for child support. Generally, the non-custodial parent must pay the custodial parent a fixed percentage of his/her income based on the number of their children. The court can award additional child support for child care, uninsured medical expenses and some educational expenses, until the child is 21 years old or sooner emancipated.

Custody/Visitation

When parents cannot agree on custody of, or visitation with, their child(ren), either or both parents can file petitions to determine same. If the parents cannot afford lawyers, the court will assign them each one. The court will also appoint a lawyer (law guardian) to represent the child(ren). If the parties cannot agree on a custody/visitation order, the court will hold a trial and make a determination.

PINS

Parents or school principals will sometimes file petitions against children who are “unsupervisable” (Persons in Need of Supervision or PINS). The court assigns the child a lawyer (law guardian). If the child admits, or is found after trial, to be a PINS, the court can suspend judgment, place the child under the supervision of the County Probation Department or give custody of the child to the County Commissioner of Social Services.

Familiy Offenses

Victims of family offenses (e.g. harassment, stalking, assault) can file Family Offense Petitions. The court will generally issue an Order of Protection. If the order is violated, the Court after trial can jail the violator.

Child Neglect and Abuse

The County Commissioner of Social Services can file petitions against persons who neglect or abuse children in their care. A neglect or abuse finding may disqualify a person from certain child-related employment. Such a finding can also result in the Commissioner taking temporary or permanent custody of the children.

DO NOT RELY ON THIS ARTICLE. SEE AN ATTORNEY.

E-mail Paul Herrmann: pauljosephherrmann@yahoo.com