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Long Island Family Law Lawyer: Custody, Support, and Protection Orders

When a family law problem reaches the point where court involvement may be necessary, one of the first questions is often more basic than people expect: Which court handles my case? If you are looking for a Long Island family law lawyer, start by understanding which court your case belongs in.

For Nassau County residents, many disputes involving children and families are heard in Nassau County Family Court. These can include child custody and parenting time, child support, paternity, family offenses and orders of protection, enforcement proceedings, and requests to modify certain existing court orders.

Divorce is different. A divorce can only be granted by the New York State Supreme Court.

Understanding that distinction matters. Filing in the wrong court, misunderstanding an existing order, or waiting too long to address a developing custody or support problem can make an already difficult situation harder.

The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C. represents clients in Nassau County Family Court and in divorce and matrimonial proceedings before the New York State Supreme Court.

Quick Answer: What Does Nassau County Family Court Handle?

Nassau County Family Court hears a range of proceedings involving children and families. Depending on the circumstances, those matters may include:

• Child custody and parenting time
• Child support
• Paternity and parentage
• Spousal support in certain circumstances
• Family offenses and orders of protection
• Enforcement or violation of existing Family Court orders
• Modification of custody, parenting-time or support orders
• Guardianship
• Child abuse and neglect proceedings
• Other proceedings within the jurisdiction of New York Family Court

Family Court does not grant divorces. Divorce actions are filed in the New York State Supreme Court in Nassau County.

Nassau County Family Court vs. Nassau County Supreme Court

People sometimes use “Family Court” as a general term for any court that handles divorce or family law. That is not how the New York court system is structured.

Nassau County Family Court and Nassau County Supreme Court can both address issues affecting families, but their jurisdiction is not identical.

Family Court

New York has a Family Court in every county. Nassau County Family Court hears proceedings involving children and families under the jurisdiction granted to it by New York law.

Family Court can hear matters that include custody, parenting time, child support, paternity, certain spousal-support matters, family offenses, and other proceedings involving children and families.

You do not need to be getting divorced to have a Family Court case.

Unmarried parents, for example, may need Family Court to establish custody, parenting time, paternity, or child support.

Supreme Court

The New York State Supreme Court is the only court that can grant a divorce. Suffolk County Supreme Court.

A divorce action may also address:

• Child custody and parenting time
• Child support
• Spousal maintenance
• Equitable distribution of marital property
• Allocation of marital debt
• The marital residence
• Retirement accounts
• Business interests
• Other financial issues arising from the marriage

Similarly, an existing Family Court order does not simply disappear because a divorce is later filed.

If you need broader guidance concerning divorce and family law representation throughout Nassau and Suffolk Counties, visit our family law services page.

Looking for a family law attorney Suffolk County residents can rely on? The same attorneys represent clients throughout Nassau County and Suffolk County.

Where Is Nassau County Family Court?

Nassau County Family Court is located at:

Nassau County Family Court
Family & Matrimonial Court Complex
101 County Seat Drive
Mineola, NY 11501
Phone: 516-493-4000

The Family Court is located on the first and second floors of the Family & Matrimonial Court Complex.

Court locations, procedures and administrative requirements can change. Before appearing in person, confirm the location, date, time and appearance instructions shown on your court documents.

Child Custody and Parenting-Time Cases in Nassau County Family Court

Custody disputes are among the most consequential proceedings heard in Family Court.

New York custody cases generally involve two related concepts: legal custody and physical custody.

Legal custody concerns decision-making authority for a child. Depending on the circumstances and the court’s determination, one parent may have decision-making authority, or parents may share responsibility in some manner.

Physical custody concerns where the child primarily resides. Parenting-time arrangements address when the child spends time with the other parent.

The court’s focus in deciding custody is the best interests of the child. There is no single fact that decides every custody case.

For a more detailed discussion, see our Long Island Child Custody Attorneys resource.

Child Support Cases

Nassau County Family Court also hears child-support proceedings.

A parent may seek an initial child-support order, enforcement of an existing order, or modification when the legal requirements for modification are satisfied.

New York uses statutory guidelines when calculating child support, but the calculation can become more complicated when there are questions involving:

• Variable or fluctuating income
• Bonuses and commissions
• Self-employment income
• Business ownership
• Unreported or disputed income
• Health-insurance expenses
• Childcare expenses
• Educational expenses
• Multiple support obligations
• High parental income

For more information, visit our Long Island Child Support Attorneys page.

Paternity and Parentage Proceedings

Legal parentage can affect custody, parenting time, child support and other parental rights and responsibilities.

When parentage has not already been legally established, a Family Court proceeding may be necessary.

For more information, visit our Paternity page.

Family Offenses and Orders of Protection

Nassau County Family Court can hear family-offense proceedings involving certain qualifying relationships.

Depending on the allegations and circumstances, a person may seek an order of protection. The court can also be asked to issue temporary relief while a proceeding is pending.

An order of protection should be read carefully and followed exactly. A person should not assume that informal consent from the other party changes the terms of a court order.

When immediate safety is at issue, waiting to obtain legal advice before taking necessary emergency action may not be appropriate. Contact law enforcement or emergency services when circumstances require immediate protection.

For more information visit our Orders of Protection page.

Modifying an Existing Family Court Order

A Family Court order does not necessarily remain unchanged forever.

Children grow older. Work schedules change. Parents relocate. Income can rise or fall. Educational and medical needs may change. A parenting arrangement that worked when a child was five may become impractical years later.

But a change in circumstances does not automatically change a court order.

Until an order is legally modified, the existing order generally remains controlling. Parents can create serious problems when they simply stop following an order because they have informally agreed to something different.

Whether an order can be modified, and what must be shown, depends on the type of order and the circumstances.

Our Long Island family attorney team can review an existing order with you before you decide whether to ask for a change.

For more information, visit our How to Modify Child Support Orders, How to Modify Child Custody, and How to Modify Your Separation Agreement pages.

Enforcing a Custody, Parenting-Time or Support Order

Sometimes the problem is not that an order needs to change. The problem is that someone is not following it.

Family Court may be asked to enforce an existing order or address an alleged violation.

Before filing, it is useful to identify precisely:

• What the existing order requires
• What conduct allegedly violated the order
• When the violations occurred
• Whether there is documentation
• Whether the violation was isolated or recurring
• What remedy is being requested

Keep copies of orders, relevant communications, payment records, calendars and other documentation that may help establish what occurred.

When a Family Court Case and Divorce Overlap

This is an area where people frequently become confused.

Suppose you and your spouse are still married but no divorce action has been filed. A custody, parenting-time or support dispute may be brought in Family Court if Family Court has jurisdiction.

Now suppose one spouse files for divorce in Supreme Court.

The procedural picture can change because Supreme Court has authority to decide the issues arising in the divorce, including custody, child support and other matrimonial matters.

Similarly, an existing Family Court order does not simply disappear because a divorce is later filed.

The relationship between existing Family Court proceedings, existing orders and a subsequent Supreme Court divorce action should be evaluated before filing additional petitions or making assumptions about which order controls.

This is one of the reasons we treat this page as a Nassau County Family Court resource, rather than as another general divorce page. If your primary concern is obtaining a divorce, our Long Island divorce resources provide more appropriate guidance.

What Happens After a Family Court Petition Is Filed?

The exact procedure depends on the type of case, but most proceedings begin with a petition requesting specific relief.

Many Family Court cases resolve without a full evidentiary hearing because the parties reach an agreement. When they do, the agreement should be carefully reviewed before it becomes part of a court order.

Common Mistakes in Nassau County Family Court Cases

• Filing Before Understanding the Relief You Need: A petition should have a purpose. Before filing, identify the specific problem and what you are asking the court to do about it.
• Treating Every Disagreement as Evidence: Family Court cases can produce enormous amounts of communication. The question is not whether the parties disagree. The question is which facts are legally relevant.
• Posting About the Case on Social Media: Assume anything posted publicly, or sent electronically, could eventually be seen by the other party, an attorney, or the court.

Before you file, speak with a family law lawyer Long Island parents and spouses can call to confirm the right court and the right relief.

Practical Example: Custody Before Divorce

Consider a married Nassau County couple who separate but have not yet filed for divorce.

Their child remains primarily with one parent, while the parents disagree about parenting time and major decisions concerning school and medical care.

They may need a custody and parenting-time order before either spouse is ready to begin a divorce action.

Family Court may provide a forum for resolving those immediate parenting issues.

If a divorce is later filed in Supreme Court, however, the existing Family Court orders and proceedings become part of the larger procedural picture. That is why legal strategy should account for both the immediate dispute and what may happen next.

Practical Example: Child Support After an Income Change

Suppose a Nassau County parent is paying child support under an existing order but experiences a significant change in income.

The parent should not simply reduce payments based on what seems affordable.

The existing order remains important unless it is legally modified. The appropriate course may be to determine whether the circumstances satisfy the legal requirements for modification and, if so, seek relief through the proper proceeding.

Waiting can have financial consequences, particularly if unpaid support begins accumulating.

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Speak With a Nassau County Family Court Lawyer

A Family Court case can affect where your children live, when you see them, how important parenting decisions are made, your financial obligations, and whether an existing court order will be changed or enforced.

Those issues deserve careful attention before important decisions are made.

The attorneys at The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C. represent clients in Nassau County and throughout Long Island in Family Court, divorce and related family-law proceedings.

If you need a family court lawyer that Long Island families can turn to, we can review your situation.

Call 631-923-1910 or contact us for a Complimentary Matter Review.