What You Need To Know Before Representing Yourself In New York Family Court
I often get calls from people who want to represent themselves in New York family court because they can't afford a lawyer or do not wish to pay for one.
While it is sometimes possible for people to represent themselves in family court, you can be doing yourself and your family a huge disservice if you don’t consider at least consulting an attorney before making this decision.
There are some things you need to know before representing yourself in New York family court.
You May Qualify For A Free Attorney
In New York New York, article 18-B of the County Law provides for free legal representation in criminal cases and certain family law matters for people who cannot afford to pay for a lawyer. If you are on public assistance or can show the court your income is under a certain threshold, you may qualify to be appointed an attorney.
This attorney will be assigned to you and you won’t be able to pick and choose who you want. However, if you qualify, it is a much better option than representing yourself.
Please note that while you may get an attorney appointed for child custody matters, you will not have one appointed for your child support case.
You Have to Learn The Laws and Rules That Apply To Your Case
If you choose to represent yourself, you will be held to the same standard as an attorney, especially if there is an attorney on the opposing side. While some judges will be patient with a pro se party (a person representing themselves) most will not give you any special treatment.
You will be expected to submit paperwork on time and in the proper format, and you’ll need to be aware of the laws and rules that apply to your case. In New York each family court has their own rules so taking advice from someone who representing themselves in a different county may not be helpful.
Also, if your case goes to a hearing or trial, you will be held to the same standard as attorneys in regards to the rules of evidence and putting on your case. Getting up to speed on this will take a substantial amount of time and you will likely need help interpreting some of the rules and laws.
Check the Court Website and Help Center
While no one in the courthouse can give you legal advice, there may be a help center that can guide you to resources and forms to help represent yourself. You can also get information and forms on nycourts.gov website.
You Are Responsible for Showing Up
As an attorney, I remind my clients of court appearances and ensure we are prepared. As a self represented litigant, it is your sole responsibility to make sure you know when (and where) you are to appear in court.
Representing yourself can be overwhelming and some pro se litigants decide to give up and just stop going. It is important to be aware that the court can make decisions without you.
And if something happens and you can’t make it to court, you need to know the process for asking the court for an adjournment (asking to reschedule). This process can vary by court or even by judge. It is on you to find out what the process is for your particular judge.
You don’t have to go at this alone. Even if you are not ready to hire an attorney, you should at least consult one to learn your options.
