Family Court decides custody, parenting time, and child support. Those orders set the terms of your day-to-day life with your children.
The attorneys at Lekki Hill Duprey & Whitton P.C. have helped North Country families through divorce, custody, support, and related matters since 1977. We have offices in Canton, Massena, and Gouverneur. Canton and Gouverneur: 315-386-4583 | Massena: 315-764-0503.
Some matters come out of the marriage itself. Our Matrimonial and Divorce practice covers divorce, legal separation, spousal maintenance, and the division of marital property.
What Does Family Law Cover?
Family law covers the legal issues that arise from transitions in personal relationships, whether or not a marriage is involved. In New York, family law includes child custody disputes between both married and unmarried parents, adoption, paternity actions, orders of protection, and child support proceedings.
Child-related matters are among the most common issues the firm handles, and often the most emotionally significant. Custody, parenting time, and child support are determined by what New York courts call the “best interests of the child” standard, which considers the whole picture rather than defaulting to either parent.
Orders of protection are a distinct and urgent service. If you are facing domestic violence, harassment, or stalking from a family or household member, courts can act quickly. The firm can help you understand your options and move as fast as the situation requires.
Whatever your family’s situation, the goal is to help you understand your choices in plain language and reach a resolution that protects the people who matter most to you.
How Is Child Custody Decided in New York?
New York distinguishes between two types of custody: legal custody and physical custody. Legal custody is the right to make major decisions about a child’s education, healthcare, and religious upbringing, and in other important decisions affecting the child’s life. Physical custody refers to where the child lives on a day-to-day basis. Arrangements can range from one parent holding sole custody to both parents sharing joint custody.
The governing standard in New York is the best interests of the child. Courts do not start with a presumption in favor of either parent. Judges weigh the totality of circumstances, including each parent’s ability to provide stability, the quality of the parent-child relationship, each parent’s willingness to support the child’s relationship with the other parent, and the child’s own preferences, depending on age and maturity.
Paternity affects custody rights for unmarried fathers. An unmarried father has no automatic legal custody or visitation rights in New York until paternity is legally established, either through a voluntary acknowledgment of paternity or a court order that may involve DNA (deoxyribonucleic acid) testing. Once paternity is established, the father has the same standing to pursue custody as any other parent.
Custody orders are not necessarily permanent. Courts can modify arrangements when there is a substantial change in circumstances, such as a parent relocating, a significant shift in the child’s needs, or a change in the home environment.
How Is Child Support Calculated?
Child support in New York follows the Child Support Standards Act (CSSA), which sets fixed income percentages based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children. Courts add the cost of childcare, health insurance, and certain educational expenses on top of the base percentage. Because support calculations depend heavily on income documentation, working with an attorney who knows how St. Lawrence County courts apply these formulas can make a meaningful difference.
What Do Paternity and Adoption Involve?
Paternity can be established voluntarily through an Acknowledgment of Paternity form signed at the hospital or any time afterward, or through a court-ordered DNA test when parentage is disputed. Once legal fatherhood is established, it directly affects the child’s right to financial support, inheritance, and access to the father’s health insurance and government benefits. It also creates the father’s right to seek custody and visitation.
Adoption legally terminates the biological parents’ rights and creates a permanent parent-child relationship with full legal standing. Families in the North Country may pursue agency adoption, private placement adoption, stepparent adoption, or foster-care adoption, each of which follows a different legal path. All adoption proceedings require court approval and, in most cases, a home study.
When Can You Get an Order of Protection?
You can seek an order of protection in New York when you have experienced domestic violence, harassment, stalking, or threats from a family or household member, including a spouse, former partner, or co-parent. Courts can issue these orders quickly, sometimes the same day you apply.
An order of protection can require the other party to stay away from your home, workplace, or children, prohibit any contact, and, in some cases, grant you exclusive use of the marital residence. The scope of the order depends on the circumstances you present to the court.
Orders of protection are available through two parallel tracks in New York: Family Court for civil matters, and criminal court if an arrest has been made. Both can run at the same time, and a criminal court order does not replace a Family Court order.
Domestic violence allegations can also directly affect related family law proceedings, influencing temporary custody arrangements and access to the marital home.
To begin the process, you file a petition in Family Court or request an order through a criminal proceeding. A temporary order of protection can often be issued the same day, with a full hearing scheduled shortly after.
How Are Support Orders Enforced?
Enforcement of support orders is available through several tools when a party stops paying: income execution (wage garnishment), suspension of a driver’s or professional license, contempt proceedings, and in serious cases, incarceration. These tools exist, and an attorney can pursue them when needed.
Which Court Handles Your Matter?
Jurisdiction is split between two courts in New York. Family Court handles custody, visitation, child support, paternity, and orders of protection for unmarried parents. The Supreme Court has exclusive authority over divorce and property division. Some matters, like custody during a divorce proceeding, can be handled in either court.
Why Choose Lekki Hill Duprey & Whitton for Your Family Matter?
Lekki Hill Duprey & Whitton P.C. has practiced in St. Lawrence County since 1977. That history means the firm’s attorneys know the local courts, the local judges, and the procedural norms specific to the North Country. That on-the-ground knowledge translates into realistic guidance that a distant or generalist firm cannot offer.
The firm handles child custody and parenting time, child support, paternity, adoption, and orders of protection in certain circumstances. If your situation fits one of those categories, the firm has direct experience with it.
For cost-aware clients, the approach is straightforward communication about process timelines, likely outcomes, and fee expectations from the first consultation. Families and working adults in the North Country should be able to make informed decisions without financial surprises.
Family Law FAQs
Can a Custody Order Be Modified Later?
Yes. Custody orders in New York can be modified after they are issued. To change an existing order, you must show a “substantial change in circumstances,” such as a parent relocating, a significant shift in the child’s needs, or a change in a parent’s living situation. The court’s standard in any modification proceeding remains the best interests of the child. Lekki Hill Duprey & Whitton P.C. can guide you through the correct and most efficient process to modify your prior Court Order in St. Lawrence County.
If you have questions about custody, support, or another family law matter, Lekki Hill Duprey & Whitton P.C. has been helping North Country families with these matters since 1977. We have offices in Canton, Massena, and Gouverneur. Contact us to schedule a consultation. Canton and Gouverneur: 315-386-4583 | Massena: 315-764-0503.
Last reviewed: May 2026
Important: This page is for general information only and does not constitute legal advice. Laws and procedures vary by situation. For guidance specific to your circumstances, please contact our office.