New York Child Custody Petition — Your Filing Guide
What This Document Does
This is a Petition for Custody that you file with the Family Court or Supreme Court to ask a judge to establish or change custody of your children. It tells the court who the parents are, describes your children, explains why you're asking for custody, and proposes a schedule for when each parent will have the children.
When to Use This
- You are unmarried and need to establish custody for the first time
- You are divorcing and need the court to decide custody
- You want to modify (change) an existing custody order
- The other parent is not following the current custody order
Which Court to File In
- Family Court: Use Family Court if you are NOT married or if you are married but NOT filing for divorce. Filing is FREE in Family Court.
- Supreme Court: Use Supreme Court if custody is part of a divorce case. Filing fee is approximately $210.
Before You File
Gather these items:
- [ ] Children's birth certificates
- [ ] Children's Social Security numbers
- [ ] Your marriage certificate (if married to the other parent)
- [ ] Any existing court orders about custody, divorce, or child support
- [ ] Proof of your income (pay stubs for last 3 months, tax returns, or benefits letters)
- [ ] Information about the other parent's income (if known)
- [ ] Proof of New York residency (driver's license, utility bill)
- [ ] $210 filing fee for Supreme Court (Family Court is free) or fee waiver
Step-by-Step Filing
- Complete the Petition. Fill in every blank. Be honest and specific.
- Make 3 copies. Keep one for yourself. File the original and two copies.
- Go to the Family Court or Supreme Court in your county.
- Family Court handles custody cases when there's no divorce
- Supreme Court handles custody as part of divorce
- File the Petition.
- Family Court: No filing fee
- Supreme Court: Pay approximately $210
- If you can't afford the fee: Ask the clerk for a "Poor Person Order" (also called IFP application)
- Get the Summons. The clerk will give you a Summons to have served on the other parent.
- Serve the other parent. The other parent must receive copies of the Petition and Summons. You cannot serve them yourself. Options:
- Sheriff's deputy (approximately $30-60)
- Private process server
- Anyone over 18 who is not a party to the case
- Attend your court date. The court will schedule a hearing. You must attend.
New York's Best Interest Standard
Under New York law, there is NO automatic preference for either parent. The judge decides custody based on the "best interest of the child." Factors include:
- Primary caretaker: Which parent has been the main caregiver?
- Quality of relationship: How close is the child to each parent?
- Stability: Which home provides more stability?
- Ability to provide: Can each parent meet the child's needs?
- Child's preference: What does the child want (if old enough)?
- Work schedules: Does each parent's work schedule allow for childcare?
- Co-parenting ability: Will each parent support the child's relationship with the other parent?
- Domestic violence: Is there any history of abuse?
- Sibling relationships: Will siblings stay together?
Types of Custody in New York
- Legal Custody: The right to make major decisions (education, medical, religion)
- Sole legal custody: One parent decides
- Joint legal custody: Both parents decide together
- Physical Custody (Residential Custody): Where the child lives
- Sole physical custody: Child lives primarily with one parent
- Shared physical custody: Child splits time between parents
At Your Hearing
Bring:
- Your filed Petition
- Children's birth certificates
- Any existing court orders
- Proof of income for both parents
- Evidence supporting your case (school records, medical records, photos)
- Witness list (if you have witnesses)
Say:
- "Your Honor, I am [YOUR NAME]. I filed a Petition for Custody on [DATE]."
- "I am asking the court to [describe what you want]."
- "The proposed arrangement is in my child's best interest because [explain]."
- Be respectful. Do not interrupt the judge or the other parent.
Attorney for the Child
In contested custody cases, the court may appoint an Attorney for the Child (formerly called Law Guardian) to represent your child's interests. This attorney:
- Meets with your child
- Investigates the case
- Tells the court what the child wants (if the child is old enough)
- Advocates for the child's best interest
The court may order one or both parents to pay for the Attorney for the Child, or the attorney may be assigned at no cost if you qualify.
Mediation
Some New York courts require parents to try mediation before a trial. In mediation:
- A neutral mediator helps you and the other parent try to reach an agreement
- Mediation is confidential
- If you reach an agreement, it becomes part of the court order
- If you don't agree, the case goes to trial
Legal Aid Resources
If you need free legal help:
- Legal Aid Society (NYC): (212) 577-3300 — Free legal services for low-income New Yorkers
- NYC Family Court Legal Services: (212) 577-3300
- LawHelpNY: https://www.lawhelpny.org — Find legal aid by county
- Bronx Legal Services: (718) 928-3700
- Brooklyn Legal Services: (718) 237-5500
- Queens Legal Services: (718) 392-4400
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.