New York Family Court

Source: Wikipedia, the free encyclopedia.
Family Court of the State of New York
Court overview
FormedSeptember 1, 1962 (1962-09-01)
JurisdictionNew York
Court executive
  • deputy chief administrative judge
  • NYC deputy chief administrative judge
Parent departmentState Unified Court System
Key document

The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state.[2][3][4] The New York City Family Court is the name given to the state Family Court within New York City.

Jurisdiction

It is a family court that hears cases involving children and families and handles issues such as child abuse and neglect, adoption, child custody and visitation, domestic violence, guardianship, juvenile delinquency, paternity, persons in need of supervision (PINS), child support, and termination of parental rights.[5][6] In New York City, it has concurrent jurisdiction with the New York City Criminal Court for family offenses (domestic violence).[citation needed]

The Family Court building in Manhattan

Family Court does not have jurisdiction over divorces, which must be litigated in the

common law marriage is not recognized in New York), or a child in common.[citation needed
]

Judges

In the New York City Family Court (the "Family Court of the State of New York within the City of New York"), judges are appointed by the Mayor to ten-year terms; elsewhere they are elected to ten-year terms.[2] There are 47 judges in the New York City Family Court.[7]

In 1939, Justice Jane Bolin became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court, then called the Domestic Relations Court.[citation needed] Her 10-year appointment was renewed by the city's mayors three times until she reached the mandatory retirement age of 70.[citation needed]

History

The NYC Domestic Relations part (commonly known as the Family Court) of the

Magistrates' Court system created in 1910 had dealt with those chargeable with the support of wives, children and "poor relatives" under its criminal jurisdiction over "disorderly persons".[8][9] The children's court part of the NYC Court of Special Sessions was created in 1915, from a 1902 children's court division of the New York County Court of General Sessions.[10] Children's courts were authorized throughout the state by constitutional referendum in 1921 followed by statutes in 1922 and 1924.[11][12][13][14] By 1933, jurisdiction was divided among the children's court, the magistrates' courts which dealt with deserting and nonsupporting husbands as "disorderly", the court of special sessions with jurisdiction in illegitimacy cases, the surrogate's court with jurisdiction in adoption cases, and the supreme court with divorce jurisdiction.[15] The NYC Children's Court and NYC Domestic Relations Court (commonly known as the Family Court) were consolidated into the Domestic Relations Court of the City of New York created on October 1, 1933.[16][17][14] In 1962 the Family Court replaced these courts after a 1961 constitutional amendment.[1][18]

See also

Notes

  1. ^
    ISSN 0892-287X
    . Chapter 686, enacted 24 April 1962, effective 1 September 1962.
  2. ^
    Constitution of the State of New York
    Article VI, § 13
  3. ^ Family Court Act § 113
  4. ^ New York City Bar Association 2012, pp. 3–5.
  5. ^ New York City Bar Association 2012, p. 1.
  6. ^ https://ww2.nycourts.gov/COURTS/nyc/family/overview.shtml
  7. ^ Glaberson, William (March 28, 2012). "For Top Judge, Tough Lessons on Family Court Bench". The New York Times.
  8. ISSN 0892-287X
    . Chapter 659, enacted 25 June 1910, effective immediately.
  9. ^ Mooney v. Mooney, 187 Misc. 789, 65 N.Y.S.2d 119 (N.Y. Misc. 1946)
  10. ISSN 0892-287X
    . Chapter 531, enacted 8 May 1915.
  11. . Chapter 547, enacted 10 April 1922, effective 1 May 1922.
  12. ^ Counsel to the Governor (10 April 1922), NYS Bill and Veto Jackets: 1922, Chapter 547, New York State Library
  13. ISSN 0892-287X
    . Chapter 254, enacted 23 April 1924, effective 15 September 1924.
  14. ^ . Retrieved 2024-03-24.
  15. ^ Flexner, Bernard; Oppenheimer, Reuben; Lenroot, Katharine F (1933). The Child, the Family, and the Court: A Study of the Administration of Justice in the Field of Domestic Relations: General Findings and Recommendations (PDF). United States Children's Bureau. pp. 32–33.
  16. ISSN 0892-287X
    . Chapter 482, enacted 26 April 1933, effective 1 October 1933.
  17. ^ Counsel to the Governor (26 April 1933), NYS Bill and Veto Jackets: 1933, Chapter 482, New York State Library
  18. ^ Counsel to the Governor (24 April 1962), NYS Bill and Veto Jackets: 1962, Chapter 686, New York State Library

References

External links