The Stages of a Family Court Case — From Petition to Final Order
This guide is about New York Family Court. Other states run on different rules.
Every case moves through a rough sequence. The details of each case differ, but the shape is similar. Knowing the stages helps you know what comes next.
1. Petition filed
A case starts when someone files a petition. The petition asks the court to decide something. This filing is the official start of the case.
2. First appearance
Both parties come to court for the first time. The judge explains the process to everyone present. The judge may also set a schedule for what happens next.
3. Conferences
The court holds one or more conferences to manage the case. This is usually where a trial date gets set, if the case needs one. See where these dates actually come from.
4. Fact-finding hearing
This is the trial. Each side presents its evidence to the court. The judge then decides the facts of the case.
5. Dispositional hearing
Once the facts are decided, the court holds a separate hearing. That hearing decides what to do about those facts. It can happen the same day, or later.
6. Final order
The court issues a written order after disposition. This order controls the case going forward. It stays in effect until a later order changes it.
When is my trial?
The trial date is set at a conference, not at filing. Under 22 NYCRR 205.12(b)(4), a conference can fix that date. It can also fix the date for the dispositional hearing. A parent asking about a trial date at the first appearance is often asking too soon.
Most cases never reach a trial
A case only gets a trial date once it is contested. Most family court cases resolve by agreement instead. Settling is not automatically the right or the wrong choice. That choice belongs to you, and it is not ours to steer.
Sources
- 22 NYCRR 205.12 — the conference rule, including fixing a date for the fact-finding and dispositional hearings.
Where Jethro Justice fits. We help you understand the process and get organized. For advice about your specific case, or to be represented in court, we will help you connect with a licensed attorney. Find a lawyer or legal aid →