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What Kind of Cases Fall Under Family Court Law?

Child Custody, Visitation, Support, Paternity, Protection Orders, CPS, etc.
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The phrase “family law” is often thrown around to describe many aspects of marital law handled in Family Court. Strictly speaking, Family Law is a legal practice area that involves family relationships. This manifests itself mostly as Child Custody and Visitation, Child Support, Paternity, Orders of Protection, and cases involving Child Protective Services (CPS), among many other issues. The most common cases we see in our office are outlined here.


Child Custody and Visitation

Cases concerning Child Custody and Visitation are the most prevalent type of family court matters. In both your Long Island Divorce and your Family Court case, the “Best Interest of the Child” standard will control your situation. What this means is that the court will determine what is in the best interest of your child with respect to custody and visitation. Each Child Custody and Visitation case is extremely different and there is really no blanket rule. There is no legal presumption for one parent over the other. The court will only look to the facts and circumstances of your particular situation and attempt to determine what is in your child’s best interest.


Child Support

Child Support in New York State is governed by the Child Support Standards Act. This Act sets forth a very strict formula that the Court uses to determine a Child Support Obligation. Once a Child Support Obligation has been determined, there are only 3 situations in which a Court will allow a modification:

#1. A substantial change in circumstance

#2 3 years have passed since the original Order was entered, last modified or adjusted

#3. There has been a change in either party’s gross income by 15% or more since the original Order was entered, last modified or adjusted.



When Paternity is established, the father will be responsible, both legally and financially, for a child. The father will also be entitled to parenting time and, possibly, custody of the child or children. There are multiple ways to establish paternity in New York, with the most common 3 being:

#1. Marital Presumption

#2. Acknowledgement of Paternity

#3. Court Petition.

In all situations, the most important consideration will be the best interest of the child.


Orders of Protection

An Order of Protection is a court order that will require one party to stay away from the other, or, to refrain from engaging in certain activity directed at the other.  The Order of Protection may also contain additional instructions that the abuser must follow, such as refraining from all contact or refraining from harassment or abusive behavior. If an abuser violates the Order of Protection and the victim calls the police, the abuser can be arrested and put in jail for the violation.


Child Protective Services cases

Child Protective Services (CPS) cases are typically initiated to determine whether the child is or may be in danger of abuse or neglect. If a suspicion of such danger is reported, CPS will investigate the situation by meeting with the child or children and family, including, possibly, visiting the home to see the child’s environment. If the allegations are founded, a formal investigation will be opened. CPS cases can be very complex and include a lot of players, such as yourself and the child’s other parent, a County Attorney, the Attorney for your child and the State Agency that filed the allegations, i.e. CPS. Such cases encounter further complications if a parent is dependent upon drugs and/or alcohol. CPS cases are not something to be taken lightly, as a child may be placed into the foster care system or released into the care of a family member.


Family Court Law Cases Require the Expertise of an Experienced Long Island Attorney

Along with these few categories, Family Law encompasses a very large array of situations that deal with your family. Because of the sensitive nature of almost all Family Law cases, it is very important that you seek the advice of an experienced Long Island Family Law attorney as soon as possible. Contact us at 631-923-1910.


Links to More Information About Family Court:

What types of cases that are related to divorce can be heard in Family Court?

Learn what cases are heard in Family Courts in Nassau County and Suffolk County on Long Island, NY. For more information, contact us at 631-923-1910.

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Family Law Attorney, Long Island, NY Protects You & Your Children

The caring attorneys at Hornberger Verbitsky, P.C. help ease the emotional burden of families by successfully representing them in Family Court.


Family Law Lawyer Nassau County, Robert E. Hornberger Esq.         

Robert E Hornberger PC is a family law attorney providing affordable representation throughout serving Nassau County, Long Island. Free consultation.

Divorce Lawyer Suffolk County, Divorce Attorney Suffolk County

Robert E Hornberger, Esq., PC provides affordable representation and free consultations as a divorce attorney in Suffolk County & throughout Long Island.


“Robert has represented me twice in actions regarding child support and custody. He did a fantastic job in both instances. He is very professional, organized and detail oriented. He was easily accessible whenever I needed to speak with him and responded to emails quickly (even on weekends). I felt that he was absolutely honest and fair in his billing – not like many attorneys you see out there who charge you every time your name is mentioned in their office! He is a skilled negotiator (especially against a crafty ex-husband), honest, personable and truly cares about his clients and what is in their best interests. I do not hesitate to highly recommend!”


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Google Review of divorce longisland
Tammy Granville
Tammy Granville
11:49 04 Jul 21
Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular basis.
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.


  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!



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