What Happens at a Guardianship Hearing in New York Family Court

Before the Hearing Day

The hearing is where the judge decides whether to grant your guardianship petition. Everything you've done so far — filling out forms, gathering documents, serving the parents, clearing background checks — leads to this moment.

But the hearing itself usually doesn't happen on your first court date. Here's the typical sequence:

First appearance (return date). The judge confirms that all parties were properly served, identifies everyone involved, and addresses any immediate needs. If the child needs urgent protection, the judge may issue a temporary order. The court appoints an Attorney for the Child if one hasn't been assigned. Background checks are ordered if they haven't been submitted.

Adjournments. The case is adjourned (postponed) to allow time for background check results to come back, for a home study to be completed, and for any discovery or preparation the parties need. Expect at least one adjournment, sometimes several.

The fact-finding hearing. This is the main event — the hearing where testimony and evidence are presented. In contested cases, this is a formal proceeding with sworn witnesses and cross-examination. In agreed cases, the hearing may be shorter, focused on confirming the agreement and the background check results.

What Happens in the Courtroom

Agreed cases may move more directly. The judge reviews any parent or legally responsible person's consent or waiver (Form 6-4), the child's preference or consent form (Form 6-3) if applicable, and the background check results. The judge may ask questions about the living arrangement and may hold a confirmation hearing to determine whether the arrangement serves the child's best interests.

Contested cases follow a structured process:

1. Opening statements. Each party briefly explains their position. If you're representing yourself, keep it short — state who you are, what you're asking for, and why.

2. Petitioner's case. You go first. Present your evidence to show that extraordinary circumstances exist (if you're seeking custody) or that the guardianship is necessary and in the child's best interests. This includes your testimony, documents (birth certificates, school records, medical records, timeline of care), and any witnesses you've brought.

3. Respondent's case. The parent or their attorney presents their side — typically arguing that no extraordinary circumstances exist, that they're a fit parent, and that the child should be returned to their care.

4. Attorney for the Child. The court-appointed attorney representing the child may present evidence, ask questions of witnesses, and state the child's position. The AFC advocates for the child's expressed wishes unless the child is too young to express them or doing so would put the child at risk.

5. Closing statements. Each party summarizes their case.

6. Decision. The judge may rule from the bench immediately or take the case "under advisement" and issue a written decision later — sometimes days or weeks after the hearing.

What Evidence the Judge Considers

The judge is evaluating two things in order:

First: extraordinary circumstances (for non-parent custody cases). Evidence of the parent's unfitness, abandonment, persistent neglect, or extended disruption of custody. The burden is on you — the non-parent — to prove this threshold.

Second: best interests of the child. Once extraordinary circumstances are established (or if the case is on the agreed pathway), the judge weighs everything relevant to the child's welfare: stability of the current living arrangement, the child's wishes (if age-appropriate), each party's ability to provide care, the child's relationship with siblings and extended family, and any history of domestic violence or substance use.

The judge also reviews:

• Background check results (SCR clearance and DCJS fingerprinting)
• Home study report, if one was ordered
• The Attorney for the Child's representation and any evidence or position presented
• Any probation or DSS investigation report

Practical Preparation Tips

Organize your documents. Bring originals or certified copies of everything — birth certificates, death certificates, prior court orders, school records, medical records, proof of residency, and your proof of service affidavit. Organize them in a binder or folder with labeled tabs. The judge may ask to see specific documents, and fumbling through a pile of loose papers wastes time and undermines your credibility.

Prepare your testimony. Think through the story you need to tell: when the child came to live with you, why, what the parent's situation was, and how the child is doing now. Practice saying it clearly and concisely. Stick to facts — dates, events, observations — rather than opinions about the parent's character.

Bring witnesses if you have them. A teacher who can testify about the child's attendance and stability, a doctor who can speak to the child's health, or a family member who can corroborate your account of the living situation. Let your witnesses know what time to arrive and what they may be asked about.

Arrive early. Court security lines can be long, especially in NYC. Get there at least 30 minutes before your scheduled time. Check the posted docket in the hallway to confirm your courtroom.

Remote hearings. Some courts conduct hearings via Microsoft Teams or another approved platform. If your hearing is virtual, test your internet, camera, and microphone in advance. Find a quiet, private space. Dress as you would for an in-person appearance.

Our Guardianship and Custody Court Process Guide includes a hearing preparation organizer — a checklist of what to bring, what evidence to prepare, and how to structure your presentation so the judge hears what matters.

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