To be sure, New York City Family Court is a far less formal place than many of the other courts in the State of New York. There are no juries, no fees to file petitions, clerks who assist pro se litigants (parties appearing without an attorney) with drafting and filing petitions as well as a host of volunteer organizations in the court designed to assist litigants. As a result, representing yourself in Family Court is made far easier than in most other courts. In addition, in many cases, such as in some paternity and support cases, the issues confronting the court and the litigants are fairly straightforward and sometimes may not require retaining an attorney.
On the other hand, the rights at stake can often be enormous, such as whether you are entitled to have custody of your child and, if not, when or how often you will be permitted to visit with your child, whether your child is going to be removed from your home, temporarily or permanently, for a variety of reasons, or whether a party is attempting to conceal income and thwart your efforts to obtain a fair amount of child support. These are just a small sampling of issues confronting litigants in Family Court.
The decision to hire an attorney to advance your rights in Family Court is an important one. Unfortunately, many people make the mistake of assuming because they are intelligent and are accustomed to speaking in front of other people that they will be fine representing themselves. However, notwithstanding the absence of a heightened formality in Family Court, relative to the other courts in New York, there are still a plethora of legal rules and procedures that many lay persons simply have no knowledge about. What's more, there is no telling whether a person's ignorance about these rules and procedures will adversely effect their cases until it is too late.
As a general rule therefore, it is always safer to at least consult with an attorney before you go to court. Many attorneys offer free initial consultations and the ones that do not generally charge a small fee for the consultation. But the guidance and/or advice you receive may be extremely valuable beginning with whether or not you need an attorney at all. If, after the consultation, you choose to proceed on your own, you will at least have a better understanding about what to expect from the process. Also, it is worth noting that you are free to change your mind at any time and retain the services of an attorney if things do not go as you expected or the case becomes more complicated than you anticipated.
One of the reasons I am starting this blog is provide a forum for people seeking information about what to do in a given situation confronting them in Family Court. The information provided here is not intended as legal advice and does not constitute a consultation, nor an attorney-client relationship. However, it may give you a better idea on how to proceed with your case.
So, feel free to post a comment and I will respond as quickly as possible.
