Matters Handled by Assigned Counsel in Family Court
The types of cases in which assigned counsel is available in Family Court can be somewhat confusing. The table below sets out the kinds of cases and parties in which such representation may be provided.
| Matter |
Type of Party |
Authority |
| Neglect/Abuse |
Respondent |
FCA Article 10 |
| Paternity |
Respondent |
FCA Article 5 |
| Family Offense |
Petitioner or Respondent |
FCA Article 8 |
| Termination of Parental Rights |
Respondent (parents; other persons as Ct. prescribes) |
SSL 384-b(3)(e) |
| Custody Respondent |
Respondent (any respondent; does not have to be parent) |
FCA Art. 6 Pt. 3; 262(v) |
| Custody |
Petitioner (parent only, if petitioner) |
FCA 262(v) |
| Violation of Order (Contempt) (Incl. violation of support order) |
Respondent |
FCA 262(vi) |
| Visitation |
Petitioner (parent) or respondent (does not have to be parent) |
FCA Art. 6 |
| Visitation of Minor in Foster Care |
Petitioner |
FCA Art. 10, Pt.8 |
| Adoption |
Parent opposing adoption |
262(vii) |
| Surrender of Child for Adoption |
Parent |
SSL 383-c |
There is no assigned counsel for enforcement of support orders, unless the order is being sought to hold the person in contempt of court or in willful violation of a previous order of the Court, in which case counsel may be assigned to the respondent.
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