Know Your Rights

New York Family Court

Types of Family Court Proceedings

Custody and Visitation (Article 6, Family Court Act)

Custody and visitation proceedings determine where a child lives and how much time each parent spends with the child. Either parent — or in some cases a grandparent or other relative — can file a petition. The court's standard is always the "best interests of the child," but that standard must be applied fairly and without bias against parents in recovery.

• Legal custody: decision-making authority over education, health, religion
• Physical custody: where the child primarily resides
• Visitation: the noncustodial parent's right to parenting time
• Modification: either parent can request a change based on changed circumstances

Child Support

Child support proceedings establish or modify a parent's financial obligation. The Child Support Standards Act (CSSA) provides a formula based on income. These proceedings are separate from custody — paying or not paying support does not determine custody or visitation.

Neglect and Abuse (Article 10, FCA Section 1012)

Article 10 proceedings are brought by the Administration for Children's Services (ACS) or a local Department of Social Services. A "neglect" finding requires proof that a child's physical, mental, or emotional condition has been impaired — or is in imminent danger of impairment — due to a parent's failure to exercise minimum care.

• Substance use alone does not automatically constitute neglect
• ACS must prove a nexus between the substance use and harm or risk to the child
• You have the right to contest every allegation

Termination of Parental Rights (SSL Section 384-b)

TPR is the most severe proceeding in family court. It permanently severs the legal relationship between parent and child. TPR can be filed on grounds of abandonment, permanent neglect, mental illness, or severe or repeated abuse.

The Process

What to Expect at Each Hearing

Every family court proceeding follows a general structure, though specifics vary by case type.

1. Initial appearance: the petition is read, and you enter a response (admit, deny, or consent)
2. Conference: attorneys attempt to negotiate resolution; the judge may order temporary services or testing
3. Fact-finding hearing: the petitioner presents evidence; you have the right to cross-examine and present your own case
4. Dispositional hearing: if a finding is made, the court determines what happens next — services, supervision, placement, or dismissal
5. Permanency hearing (Article 10 and TPR): periodic review of the child's placement and the parent's progress toward reunification

Your Legal Protections

Your Rights in Family Court

You are not powerless. The law guarantees specific protections — and you should demand every one of them.

What You Need to Know

Drug Testing in Family Court

What May Be Required

• Court-ordered testing is common in Article 10 cases and custody disputes where substance use is alleged
• Testing methods include urine, hair follicle, oral swab, and nail testing
• Random testing means you may be called at any time — missing a test is often treated as a positive result

What Is Voluntary

• If no court order exists, you are not required to submit to testing requested by ACS or a caseworker
• Agreeing to "voluntary" services — including testing — can later be used against you
• Consult an attorney before agreeing to anything presented as "voluntary"

Challenging Improper Testing

• Chain of custody errors: if the sample was not properly handled, results may be inadmissible
• False positives: certain medications, foods, and supplements can trigger false positives
• Outdated testing: hair follicle tests may reflect use from months ago, not current status
• Request confirmatory testing (GC-MS) if an immunoassay screen is positive

Build Your Case

Documenting Your Recovery

Courts look for evidence that recovery is genuine, sustained, and supportive of safe parenting. Documentation is your proof.

Keep a recovery binder. Organize every document by category and date. Bring it to every court appearance. Your preparation speaks volumes.

Compliance & Limits

Court-Ordered Services

What Courts Can Require

• Substance use treatment (outpatient, intensive outpatient, or residential)
• Parenting classes or programs
• Mental health evaluation and treatment
• Drug testing at specified intervals
• Supervised visitation

What Courts Cannot Require

• Services unrelated to the allegations in the petition
• Treatment programs that are inaccessible due to transportation, cost, or scheduling
• Indefinite compliance with no clear endpoint or goal

Law Guardians

Attorneys for the Child

In custody and Article 10 cases, the court appoints an attorney for the child (formerly called a "law guardian"). This attorney represents the child's interests — or, in some cases, the child's wishes.

• The attorney for the child may interview you, visit your home, and speak with service providers
• Their recommendation carries significant weight with the judge
• You have the right to know what they are recommending and to respond
• Be cooperative, honest, and consistent in your interactions with the attorney for the child

Courtroom Presence

Presenting Yourself in Court

How you present yourself in the courtroom matters. Judges are human. Impressions count.

The courtroom is not the place to argue your case emotionally. It is the place to demonstrate — through evidence, composure, and preparation — that you are the parent your child needs.

Recovery is your strength.

You have the right to fight for your family. You have the right to be treated with dignity. And you have the right to a future defined by your recovery, not your past. Sanctuary stands beside you — every step, every hearing, every fight.