Forms To Petition For Child Custody In New York
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FAQ
In all custody proceedings in New York, the main concern for the court in awarding custody is the “best interest of the child.” The “best interest of the child” test means that the courts are required to balance the ability of each parent to meet the needs of the child or children.
Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court. The custody order is part of the Divorce Judgment.
The child custody arrangement you settle on will depend on your family. However, joint custody tends to be the most common child custody arrangement.
Personal records A proposed visitation schedule showing when you'd like to exchange the child. If you already have a schedule, a list of missed or denied parenting time. An expense report showing you contribute financially to your child's needs. Printouts of texts, emails and other messages with your co-parent.
The chain of custody of evidence is a record of individuals who have had physical possession of the evidence.
A custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.
In all custody proceedings in New York, the main concern for the court in awarding custody is the “best interest of the child.” The “best interest of the child” test means that the courts are required to balance the ability of each parent to meet the needs of the child or children.
The most common way is to have a friend or relative(who is at least 18 years old) personally deliver the papers to the other party. You cannot use the post office to serve the other side. Another way is to have an adult over the age of 18 personally deliver the papers to the person whom you want to appear in court.
Courts usually have a tight schedule, and it'll take several trial dates before a child custody case is resolved. Most of the time, hearings get rescheduled due to various factors, and sometimes, a child custody case might take up to 18 months or more before it's concluded.
