________________________________________________________________________________
NEW YORK )
) ss.
[COUNTY] COUNTY )
________________________________________________________________________________
[PETITIONER FULL NAME],
Petitioner,
v.
[RESPONDENT FULL NAME],
Respondent.
________________________________________________________________________________
PETITION FOR CUSTODY
[SUPREME COURT / FAMILY COURT] OF [COUNTY] COUNTY
Index No.: _______________
________________________________________________________________________________
COMES NOW Petitioner, [PETITIONER FULL NAME], and files this Petition for
Custody, and in support thereof states as follows:
JURISDICTION
- Under N.Y. Dom. Rel. Law § 75(1), "This article may be cited as the
'uniform child custody jurisdiction and enforcement act.'"
- This Court has jurisdiction over the subject matter and the parties
pursuant to N.Y. Dom. Rel. Law § 70 and the Uniform Child Custody
Jurisdiction and Enforcement Act.
- Petitioner is a resident of [COUNTY] County, New York, residing at
[ADDRESS], [CITY], NY [ZIP].
- Respondent is a resident of [COUNTY] County, New York, residing at
[ADDRESS], [CITY], NY [ZIP].
MINOR CHILD(REN)
- The minor child(ren) subject to this Petition is/are:
| Name | Date of Birth | Age | SSN (last 4) |
|---|---|---|---|
| [CHILD NAME] | [DOB] | [AGE] | ** |
| [CHILD NAME] | [DOB] | [AGE] | ** |
- The minor child(ren) have resided in New York for at least six (6) months
immediately preceding the filing of this Petition.
- The minor child(ren) currently reside(s) with [Petitioner / Respondent /
both parents] at [ADDRESS], [CITY], NY [ZIP].
STATEMENT OF FACTS
- Petitioner and Respondent are the [married / unmarried] parents of the
minor child(ren) identified above.
- [If married:] The parties were married on [DATE] in [CITY], [STATE].
[If divorced:] The parties were divorced on [DATE] pursuant to a Judgment
of Divorce entered in [COUNTY] County, New York, Index No. [NUMBER].
- [Describe the current custody arrangement, if any, and why custody
determination or modification is needed. Include relevant facts about
each parent's relationship with the child, caretaking responsibilities,
and any issues affecting the child's welfare.]
BEST INTEREST OF THE CHILD
- Under N.Y. Dom. Rel. Law § 70(a), "In all cases there shall be no prima
facie right to the custody of the child in either parent, but the court
shall determine solely what is for the best interest of the child, and
what will best promote its welfare and happiness, and make award
accordingly."
- Under N.Y. Dom. Rel. Law § 240(1)(a), in any proceeding "to obtain, by
a writ of habeas corpus or by petition and order to show cause, the
custody of or right to visitation with any child of a marriage, the
court shall require verification of the status of any child of the
marriage with respect to such child's custody and support, including
any prior orders, and shall enter orders for custody and support as, in
the court's discretion, justice requires, having regard to the
circumstances of the case and of the respective parties and to the best
interests of the child."
- Petitioner submits that the requested custody arrangement is in the best
interest of the minor child(ren) based on the following factors:
a) Primary caretaker: [Identify which parent has been the primary
caregiver]
b) Quality of relationship: [Describe each parent's relationship
with the child]
c) Stability of home environment: [Describe stability of each
parent's home]
d) Ability to provide for needs: [Describe each parent's ability
to provide food, clothing, shelter, medical care, education]
e) Child's preference: [If child is old enough to express
reasonable preference]
f) Work schedules and childcare: [Describe each parent's work
schedule and childcare arrangements]
g) Willingness to facilitate relationship with other parent:
[Describe each parent's willingness to support the child's
relationship with the other parent]
h) History of domestic violence (if any): [Describe any history
of domestic violence or abuse]
i) Other relevant factors: [Any other relevant considerations]
CUSTODY REQUEST
- Petitioner requests the following custody arrangement:
Legal Custody (decision-making authority):
[ ] Sole legal custody to Petitioner
[ ] Sole legal custody to Respondent
[X] Joint legal custody to both parents
Physical Custody (where child resides):
[ ] Sole physical custody to Petitioner
[ ] Sole physical custody to Respondent
[X] Shared physical custody
Residential Schedule:
- [Describe the proposed schedule: weekdays, weekends, holidays,
school breaks, summer vacation, etc.]
Decision-Making:
- Educational decisions: [Joint / Primary Residential Parent]
- Medical decisions: [Joint / Primary Residential Parent]
- Religious upbringing: [Joint / Primary Residential Parent]
CHILD SUPPORT
- Under N.Y. Dom. Rel. Law § 240(1)(a), the court shall enter orders for
support as justice requires.
- Petitioner requests that child support be established in accordance with
the New York Child Support Standards Act.
- Petitioner's gross annual income: $[AMOUNT]
Respondent's gross annual income (to the extent known): $[AMOUNT]
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
a) Award [sole physical custody to Petitioner / joint physical custody /
shared custody] of the minor child(ren);
b) Award [sole legal custody to Petitioner / joint legal custody];
c) Establish a parenting time/visitation schedule for the non-custodial
parent;
d) Establish child support in accordance with the New York Child Support
Standards Act;
e) Award Petitioner costs and attorney's fees; and
f) Grant such other and further relief as the Court deems just and proper.
VERIFICATION
I, [PETITIONER FULL NAME], affirm under the penalties of perjury pursuant
to N.Y. Penal Law § 210.45 that the foregoing is true and correct to the
best of my knowledge, except as to matters alleged on information and
belief, which I believe to be true.
Executed this ___ day of _____________, 20___.
______________________________
[PETITIONER SIGNATURE]
[PETITIONER FULL NAME, printed]
[ADDRESS]
[CITY, STATE, ZIP]
[PHONE NUMBER]
________________________________________________________________________________
FILING INSTRUCTIONS
New York Family Court or Supreme Court
Court: [Family Court / Supreme Court] of [County] County
Address: [County Courthouse Address]
Filing Fee: None for custody petitions in Family Court; approximately $210
for Supreme Court
Which Court to File In:
- Family Court: For custody/visitation when not part of a divorce.
No filing fee.
- Supreme Court: When custody is part of a divorce proceeding.
Required Documents:
- Petition for Custody (this document)
- Summons (Family Court or Supreme Court)
- Proposed Order to Show Cause (if requesting temporary relief)
- Child Support Standards Act worksheet (if requesting child support)
- Any existing custody orders
Service:
After filing, Respondent must be served with:
- Summons and Petition
- Any Order to Show Cause (if applicable)
Service can be done by:
- Sheriff's deputy (approximately $30-60)
- Private process server
- Anyone over 18 who is not a party to the case
Court Locations by Major County:
- New York County (Manhattan): 60 Centre Street, New York, NY 10007
- Kings County (Brooklyn): 330 Jay Street, Brooklyn, NY 11201
- Queens County: 125-01 Queens Boulevard, Kew Gardens, NY 11415
- Bronx County: 851 Grand Concourse, Bronx, NY 10451
- Richmond County (Staten Island): 927 Castleton Avenue, Staten Island, NY 10310
Legal Aid Resources:
- Legal Aid Society (NYC): (212) 577-3300
- NYC Family Court Legal Services: (212) 577-3300
- LawHelpNY: https://www.lawhelpny.org
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Attorney for the Child:
In contested custody cases, the court may appoint an Attorney for the Child
(formerly called Law Guardian) to represent the child's interests.
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