What to Expect at Your First Family Court Appearance in Central Islip

Most people's first day in Suffolk County Family Court is spent waiting, and then everything happens in ten minutes. Knowing what those ten minutes are for, and what they are not for, takes most of the fear out of it. Here is what to expect at the Family Court in Central Islip, where Beau Taylor appears nearly every week.

Where to go and when

Suffolk County Family Court sits in the Cohalan Court Complex at 400 Carleton Avenue in Central Islip, with a second location in Riverhead for some East End cases. Your papers will say which courthouse and which Part. Appearances are generally scheduled for 9:30 in the morning, and so is everyone else's. Arrive early. Parking fills up, you will go through security screening like an airport, and the line at the entrance can be long. Allow at least thirty minutes between the parking lot and the courtroom door.

What to bring

• The papers you were served with, or your own petition, and anything with the docket number on it
• Photo identification
• Any existing orders, agreements, or judgments involving the children
• If you are asking for assigned counsel, proof of income: a pay stub, a benefits letter, or a tax return
• A short, written list of what you want the court to know and what you are asking for
• Something to read. You may wait two or three hours.

Do not bring the children unless the court specifically directed you to. The court will not hear from them on the first date, and the waiting room is no place for them to watch their parents' case.

Checking in

Find the Part listed on your papers and check in with the court officer at the door. Tell the officer your name, your docket number, and whether you have an attorney. Then wait in or near the courtroom. Do not leave the floor; cases are called in an order you cannot predict, and if you are not there when yours is called it may be marked a default or pushed to the end of the day.

Who is on the bench

Depending on the type of case, your matter may be before a Family Court judge, a court attorney referee who hears custody, visitation, and family offense cases on referral, or a support magistrate who handles child support and paternity. All three can issue orders. If a referee is assigned you will be asked to sign a consent to the referee hearing the case, which is routine.

What actually happens on the first date

The first appearance is almost never a trial and the court will not decide the case. It is a procedural day with a few predictable pieces:

1. Service and appearance. The court confirms both parties are present and were properly served. If the other party did not show, the court may issue a warrant, adjourn, or in some cases proceed on your petition alone.
2. Counsel. If you do not have a lawyer and your income qualifies, the court assigns one from the 18B panel. Even if you plan to hire an attorney, say so on the record so the court gives you time.
3. Attorney for the Child. In contested custody cases the court usually appoints a separate lawyer for the children on the first or second date.
4. Temporary orders. The court may issue or continue a temporary order of protection, set a temporary parenting schedule, or set temporary support so that the family has rules while the case is pending.
5. Referrals. The court may send the parties to mediation, order a probation investigation, or direct drug testing or a mental health evaluation.
6. The next date. The case is adjourned, typically four to eight weeks, for the other side to answer, for counsel to be in place, or for a conference.

Conferences with the court attorney

Much of the real work happens off the bench. The judge's court attorney, or the referee, will often meet with both attorneys to narrow the issues and explore settlement. In a support case the support magistrate will go over the financial disclosure. If you are unrepresented you may be invited into these conferences; listen more than you talk, and do not agree to anything you do not understand.

How to conduct yourself

• Dress as you would for a job interview. The court notices.
• Stand when addressed, speak only to the judge, and address the judge as “Your Honor.”
• Never interrupt the other party or the other lawyer, however untrue what they are saying is. You will get your turn, and the court is watching how each parent behaves.
• Answer the question asked, briefly. The first date is not the time to tell the whole story.
• Phones off. Recording in the courtroom is prohibited.
• Do not speak to the other party in the hallway if there is an order of protection, and keep it to logistics if there is not.

Mistakes that hurt people on day one

• Not showing up, or showing up late, and having the case proceed without you
• Agreeing to a temporary schedule on the spot that becomes the status quo for the next year
• Consenting to an order of protection without understanding its consequences
• Losing your temper in the courtroom or the hallway
• Bringing the children, a new partner, or a crowd of relatives
• Skipping the assigned counsel application because you are embarrassed about your income

Should you have a lawyer by the first date?

If you can, yes. Temporary orders issued on the first date have a way of becoming permanent, and the first impression the court forms of each parent matters. Beau Taylor represents parents in Suffolk County Family Court privately and as assigned counsel, serves as Attorney for the Child, and knows the judges, referees, and magistrates in Central Islip. Consultations are free, and if your first date is days away, say so when you call. For what happens after the first appearance, see family law and child custody.