Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

Can a Judge presiding over a divorce case order an ACS investigation ("COI")?

Q: My case started as a custody battle with my husband but then we filed a Summons and Complaint for divorce. Since the judge in FamilY Court also sits in a Supreme Court part - she took over the divorce case. She then issued an ACS investigation but, when I was looking on google, the ACS investigation comes under the Family Court Act -- does this mean that the judge wasn't legally able to issue an ACS investigation since it is now a Supreme Court divorce case and no longer under the Family Court Act?

A: David's Answer: There is certainly specific statutory authority for a Family Court Judge to issue such an order, while specific statutory authority appears lacking for a Supreme Court Judge to do so. That said, a Supreme Court just has the authority to issue orders in a custody case the same as a Family Court Judge would (otherwise, how could they issue an order directing a drug test, or a forensic psychological evaluation - orders which are routinely done in Supreme Court). You're best advised to schedule a consult with a Westchester Family Law attorney for a full assessment.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3174 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions