Family Court

Child support, custody, and visitation issues are decided by the Family Court when:

• the issues arise before or after a divorce or

• the parents were never married

In some cases, such as when a Family Court proceeding was followed by a divorce, the parties can choose to keep issues involving children in Family Court, or transfer them to the Supreme Court where the divorce is being heard. This is called "concurrent jurisdiction." Often times, our clients are faced with a choice - go to Supreme or Family Court.

Of course, if we feel that our client's case is already going well in Family Court, we would never transfer it to the Supreme Court. On the other hand, if we feel that Family Court is not giving our client's case the attention it deserves, we try to transfer the case to the Supreme Court.

If the above is not the case, you should consider this - the Family Court has a heavier caseload. This means longer waiting time, difficulties in getting a judge assigned, and less time for your case to be heard.

In most cases, chosing a court is a strategic decision which should be approached with all of the seriousness it requires.

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Some matters can be dealt with in Family Court as well as in the Supreme Court. Trust your attorney to advise you which one is more appropriate for your case.

Albert Gurevich, Esq.