What family law matters do you handle?
Each of these has its own page with the detail the situation actually requires.
Handled now
- Child Custody & Parenting Time — legal and residential custody, parenting schedules, relocation
- Child Support — CSSA calculations, deviations, add-on expenses
- Spousal Support & Maintenance — Family Court support proceedings under Article 4
- Orders of Protection — family offense petitions, and defense against them
- Child Welfare Defense — CPS neglect and abuse petitions under Article 10
- Paternity — establishing or contesting parentage
- Custody & Support Modifications — changing an order that no longer fits
- Enforcement & Violation Petitions — when the other side is not complying
- Guardianship of a Minor
- Grandparent & Non-Parent Rights
- Prenuptial & Postnuptial Agreements
If your marriage is ending, the matter is a divorce and starts here instead: Divorce.
Which court hears family law cases in Otsego County?
Family Court hears custody, support, paternity, family offense, and child welfare matters. It sits in Cooperstown. Divorce is different — it is heard in Supreme Court, because only Supreme Court can dissolve a marriage in New York.
That distinction decides where your case starts. Unmarried parents, and divorced parents with an issue arising after judgment, are in Family Court. A couple ending a marriage is in Supreme Court, where custody and support get decided as part of the divorce under DRL §240. It is possible to have matters running in both.
Frequently asked questions
How is child custody decided in New York?
There is no formula and no automatic preference for either parent. New York courts decide custody on the best interests of the child, weighing stability, each parent’s ability to provide care, the existing routine, and each parent’s willingness to support the child’s relationship with the other parent. Courts have applied this standard since Eschbach v. Eschbach (1982).
What is the difference between legal and physical custody?
Legal custody is decision-making authority over education, medical care, and religion. Physical or residential custody is where the child actually lives. Either can be joint or sole, and they are decided separately — joint legal custody with one parent as primary residential parent is a common New York outcome.
How is child support calculated in New York?
Under the Child Support Standards Act (DRL §240(1-b); FCA §413), support is a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. The percentage applies up to a statutory income cap that is adjusted every two years, with the court deciding how to treat income above it.
Can a custody or support order be changed?
Yes, but not simply because one parent wants something different. You must show a substantial change in circumstances since the order was made — a relocation, a significant income change, a change in the child’s needs, or a pattern of non-compliance. Until a court modifies the order, the existing one remains enforceable.
How do I get an order of protection?
You file a family offense petition in Family Court under FCA Article 8. A judge can issue a temporary order the same day, before the other party is heard. An order can direct someone to stay away, to stop contact, or to leave a shared home. Orders of protection can also arise from a criminal case.
What happens if CPS files a neglect petition against me?
An Article 10 proceeding begins, and you are entitled to a lawyer. What you say to a caseworker before that point can be used in the proceeding. Get counsel involved early — the first days often shape the record, and the outcomes range from dismissal to removal of a child.
Last reviewed October 6, 2026
