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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.

Family Court Lawyer | Long Island Family Treatment Court

Substance abuse can result in a charge of neglect against a parent in family court. Contact us at 631-923-1910 before agreeing to Family Treatment Court.

Long Island Family Law Attorney | Social Security Spousal Benefit

Long Island Family Law Attorney Robert E. Hornberger, Esq., explains how the Social Security Spousal Benefit works in Nassau & Suffolk.

More Youths to Be Tried in Family Court on Long Island

Until Gov. Cuomo signed Raise the Age into law, New York was one of two states (NC being the other hold-out) to treat 16 and 17 year olds as adults in the criminal justice system.

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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Ann Masten
Ann Masten
17:48 12 May 20
I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.
Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!


  • 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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