How to File Child Custody Forms in New York State

You can file in Family Court or Supreme Court.

If you have decided to file for custody of your children in New York State, you can obtain custody in several courts. Filing for custody without the services of an attorney can be done easily in New York, depending on which court you need to file in. You can always hire an attorney after the proceeding has commenced if you are filing in Family Court. Filing custody forms can be daunting for people not used to court proceedings, but it doesn't have to be overwhelming.

Instructions

1. Decide whether you will be filing in Family Court or in Supreme Court. If you are not married to the child's other parent, file in Family Court. If you go to the Family Court in the child's county, give your information to the clerk, who will then fill out the summons and petition for you based on your information.

2. Take the summons and petition from the clerk and arrange to have them personally served on the other party, which means in-hand delivery. Since you are the petitioner, you cannot serve the respondent yourself. Arrange service by a process server or by a friend or family member who is older than 18. If an order of protection is involved, ask the police in the precinct where the respondent lives to serve the papers.

3. File an Affidavit of Service after service of process has been completed. Whoever serves the papers for you must fill out a notarized Affidavit of Service, which will include the date, time and place of service, as well as a description of the documents and the person served. Bring the Affidavit to court on the first court date; but it's preferable for you to file it in the court in advance of the court date so the clerks will know that service was effectuated.

4. Recognize that Family Court is a user-friendly court. There are no fees to commence a proceeding, and if you cannot afford an attorney, an attorney may be appointed for you depending on your income. Give proof of income to the court when asking for an attorney.

5. Consult an attorney if you will be filing for custody in Supreme Court. Supreme Court is the proper court if you are married to the child's other parent. It is advisable to have an attorney prepare papers for Supreme Court, because more than custody is involved.

6. Consult an attorney if you are in the newer Integrated Domestic Violence court. This court has one judge hearing custody and domestic violence cases between the same people. If you or the other party has already filed a custody petition, the case will be moved to this court if there is a criminal case against a party because of domestic violence. You may ask for an assigned attorney in this court, but this is an alternative to the traditional Family Court or Supreme Court route for custody cases.

Tips & Warnings

• Make sure to give the clerk accurate information so the petition is factually correct.

• Family Court clerks are helpful and will answer many of your questions about procedure.

• Make sure service is done properly and timely, or you will have to refile.

References

• Legal Assistance of Western New York: Child Custody and Visitation Rights in New York
• New York State Unified Court System: Forms
• Suffolk County, 10th Judicial District: Family Court Frequently Asked Questions

Resources

• Find Law: Child Custody--Summaries of State Laws