Why Can’t You Get a Divorce in New York Family Court?

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It seems obvious that family court should handle all things family but in New York Courts that is not true. According to the New York Family Court Act Section 115, the Family Court has exclusive original Jurisdiction or control, over the following:

~Child abuse and neglect proceedings
~Child support proceedings
~Paternity and for the support of children born out-of-wedlock
~Termination of parental rights to guardianship and custody of a child
~Proceedings concerning whether a person is in need of supervision
~Juvenile delinquency
~Proceedings involving handicapped children
~Uniform interstate family support act
~Children in foster care and care and custody of children
~Former foster children
~Destitute children
~Guardianship and custody of children by reason of the death of, or abandonment or surrender by, the parent or parents
~Standby guardianship and guardianship of the person

~Interstate compact on juveniles
~Interstate compact on the placement of children
~Uniform child custody jurisdiction and enforcement act except tribal courts of Indian tribes
~Proceedings involving Indian children to the same extent as federally
designated Indian tribes upon the approval of the state office of
children and family services
~Concurrent jurisdiction with the criminal court over all family offenses
~Jurisdiction to direct the commencement of proceedings to suspend the driving privileges, recreational licenses and permits, and license, permit, registration or authority to practice of persons who are delinquent in their child or combined child and spousal support obligations or persons who have failed, after receiving appropriate
notice, to comply with summonses, subpoenas or warrants relating to paternity and child support proceedings

In order to obtain a divorce, one must file an action in the New York Supreme Courts. If you need legal counsel for divorce and family law matters contact Diana Mohyi Attorney at Law

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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