Glossary of Important Words
We’re here to explain.
When you’re in Family Court, you might hear a lot of new words. This glossary will help you understand what they mean.
Some words are about people you might meet, like judges and lawyers. Others explain the kinds of cases that happen in Family Court, like custody or child protection. There are also words about your rights, court rules, and what happens if a child needs help or gets into trouble.
You don’t have to remember everything! If you ever hear a word in court that you don’t understand, you can always ask your lawyer (Attorney for the Child) or social worker to explain.
The Different Kinds of Court
Integrated Domestic Violence Court
A type of court where there are two cases happening at the same time: a Family Court case and a Criminal Court case.
Family Court
Oversees cases that involve children and families.
People Who Work in Court
Attorney for the Child
is a lawyer who helps children involved in court cases. An Attorney for the Child's (AFC) job is to fight for the child’s position in court.
Judge
the person who listens to all the evidence and decides about what will happen to the child if their parents can’t agree.
Social Worker
a person who helps kids and families by offering support and services when it is needed.
Parent’s Attorney
an attorney who represents your parents, but not necessarily you.
Court Officer
Court officers are always in the courtroom. They wear uniforms, help people know where to go, and make sure everyone is respectful and safe during the hearing.
Court Clerk
a person who keeps track of what happens and what is said in court.
Types of Cases in Family Court
Custody
Who you live with, who makes important decisions for you, and who takes care of you every day.
Visitation Case
Who you spend time with other than your main parent or caretaker.
Family Offense
When someone commits a crime against another person in their family. Family offenses include things like harassment, assault, threatening or other behavior.
Neglect and Abuse Case
When New York City's child protective agency (ACS) has evidence that a child is being neglected or abused at home.
Guardianship
Similar to custody, It’s about who the child is going to live with and who is going to make decisions about them.
What Happens in Family Court?
Hearing
When everyone involved in a case has the opportunity to present evidence to the judge in support of what they want.
Testimony
The statements that a person makes under oath during a hearing.
Court Order
When a judge tells a person or a group of people to do something.
Petition
The paper that someone files to start a case. Anyone can file a petition in Family Court.
Subpoena
A legal document that lawyers prepare that forces someone to provide documents or to come to court to testify.
Motion
When someone asks the court to do something.
Affidavit
A document signed by a litigant (a person involved in a case) or the litigant's attorney that tells the court why they want something to happen.
Decision
The court's explanation of why they decided to end a case in the way they did.
Adjourn
When the court pushes a hearing or another event related to a case to another day.
In Camera
A private conversation between a judge and the child or children involved in a case.
Who Will Take Care of Me?
More on Custody, Visitation and Guardianship.
Legal Custody
Determines which parent has the right to make major decisions.
Physical Custody
Determines where the child lives most of the time.
Joint Legal Custody
Both parents share the right to decision making.
Sole Custody
When only one parent can make important decisions about a child.
Joint Physical Custody
When parents share equal time with the child.
Visitation
When a family member who doesn’t have custody seeks a court order to be able to spend time with the child
Supervised Visitation
A type of visitation where the non-custodial parent visits a child while someone else is also there.
If a Child Like Me Is in Danger
Order of Protection
An order from the court that is designed to keep someone safe from another person.
Mandated Reporter
A person who is legally required to report any suspicion of child abuse or neglect.
Neglect
When a parent or caretaker puts a child at risk of being exposed to physical or emotional harm on a regular basis.
Abuse
When a caretaker intentionally injures or hurts a child in a way which could damage the child’s physical and emotional health.
Domestic Violence
When repeated abusive behavior (of any sort) is used by one person to either intimidate, gain power, or control the other partner.
Foster Care
A living arrangement where children are placed in homes outside of their immediate family home, because their parents are unable to care for them for the time being.
When Immigration Is Part of the Case
Special Immigrant Juvenile Status
A special kind of help for undocumented minors who are living in the U.S. to allow them to stay in the country legally.
Undocumented Minor
A person under 21 who does not have a valid Visa or legal residency in the United States.
My Legal Rights
Best Interests of the Child
a rule used in court to make sure that decisions about a child keep them as safe, happy, and healthy as possible.
Confidentiality
our attorney cannot share anything you tell them without your permission. The only time your AFC might share confidential information is when there is a serious safety concern.
Mediation
a program offered by NYC family courts where another person helps smooth communication issues between parents or caregivers coming up with a plan.
Settlement
when two parents in a custody/visitation case come to an agreement about arrangements and the judge makes it official.
Money & Support for Children
Child Support
a court order that says that one a parent has to pay money to help raise a child. Child support can last until the child is 21 years old.
Public Benefits
are programs through with the government helps you, like Medicaid insurance.