Fillable Printable Petition Custody Form - New York

Petition Custody Form - New York

FCA §§ 467, 549, 651, 652,654; DRL §§75-l, 240

General Form 17

(Petition-Custody, Visitation)

10/2012

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF

.....................................................................................

In The Matter of a Proceeding for

“Custody “Visitation under Article “4 “5 “6

of the Family Court Act or Section 240

of the Domestic Relations Law

Petitioner Docket No.

Relationship to child: PETITION

“ CUSTODY “ VISITATION

-against-

Respondent

Relationship to child:

.......................................................................................

TO THE FAMILY COURT:

The Petitioner respectfully alleges upon information and belief that:

1. The name, gender, current address and date of birth of each child who is the subject of this

proceeding are as follows [specify address or indicate if ordered to be kept confidential pursuant to Family

Court Act §154-b(2) or Domestic Relations Law §254]:

Name Gender Date of Birth Current Address Name of Person

with Whom Child Resides

2. a. Petitioner, , [check applicable box]: “ resides “ is located at [specify

address or indicate if ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic

Relations Law §254]:

b. Petitioner is [specify relationship to child; if foster parent, agency, institution or other

relationship, so state]:

3. a. Respondent , , [check applicable box]: “ resides “ is located at [specify

address or indicate if ordered to be confidential, pursuant to Family Court Act §154-b(2) or Domestic

Relations Law §254]:

b. Respondent is [specify relationship to child; if foster parent, agency, institution or other

relationship, so state]:

4. [DELETE if inapplicable and SKIP to ¶5] (Upon information and belief) For any child listed

Note: If a custody or visitation proceeding is pending in, or an order of custody or visitation has been issued by, a court

outside of the State of New York, including a Native-American tribunal, the custody/visitation petition for proceedings under the

Uniform Child Custody Jurisdiction and Enforcement Act, Form UCCJEA-1 should be utilized instead of this form. If a prior order

of custody or visitation had been entered by a Court of this State, the petition for modification or enforcement, General Forms 40 or

41, should be used instead of this form.

General Form 17 Page 2

in ¶(1) above who resided at the current address and/or with the current person for two years or less, specify

where and with whom the child lived during the two years prior to that time [specify address or indicate if

ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

Name of Child Child’s Address Duration Name of Person Current Address

(from/to) With Whom Child of the Person With

Resided Whom Child Resided

5. [Applicable when Petitioner and/or Respondent is on active military duty or has recently

returned from active military service; check box(es) if applicable, or if not, SKIP to Paragraph 6]:

a. “ Petitioner is on active duty, deployed or temporarily assigned to military service as

follows [specify type of service, military branch or National Guard unit, anticipated dates and location of

duty and how duty is likely to affect custody or visitation, if at all]:

“ Petitioner returned from active duty, deployment or temporary assignment to military

service as follows [specify date of return, type of service, military branch or National Guard unit and how

return from duty is likely to affect custody or visitation, if at all]:

b “ Respondent is on active duty, deployed or temporarily assigned to military service as

follows [specify type of service, military branch or National Guard unit and how return from duty is likely to

affect custody or visitation, if at all]:

“ Respondent returned from active duty, deployment or temporary assignment to military

service as follows [specify date of return, type of service, military branch or National Guard unit, anticipated

dates and location of duty and how duty is likely to affect custody or visitation, if at all]:

6. [Delete if inapplicable and SKIP to Paragraph 7]: An order was issued by Court,

County, State of , referring the issue of “ custody “ visitation to the Family

Court of the State of New York in and for the County of [specify]:

7. [Check applicable box(es). Delete inapplicable provisions]:

a. “ The father of the child(ren) who (is)(are) the subject(s) of this proceeding is [specify]:

“ The father was married to the child(ren)’s mother at the time of the conception or birth.

“ An order of filiation was made on [specify date and court and attach true copy]:

“ An acknowledgment of paternity was signed on [specify date]: by

[specify who signed and attach a true copy]:

“ The father is deceased.

b. “ The father of the child(ren) who (is)(are) the subject(s) of this proceeding has not been

legally established.

Inapplicable if Petitioner is based at a permanent duty station or has had a permanent reassignment of station.

Inapplicable if Respondent is based at a permanent duty station or has had a permanent reassignment of station.

General Form 17 Page 3

c. “ A paternity agreement or compromise, pursuant to former Family Court Act §516,

was approved by

the Family Court of County on , , concerning [name parties to

agreement or compromise and child(ren)]:

A true copy of the agreement or compromise is attached to this petition.

8. [Applicable to cases in which either parent is not a party; if not applicable, SKIP to

Paragraph 9]: The name and address of a parent or parents who are not parties to this proceeding are:

[specify; indicate if deceased or if address(es) ordered to be kept confidential pursuant to Family Court Act

§154-b(2) or Domestic Relations Law §254]:

9. [Delete if inapplicable and SKIP to Paragraph 10]: Petitioner has participated as a “ party

“ witness “ other capacity [specify]: in other litigation concerning the custody of

the same children in “ New York State “ Other jurisdiction [specify]:

If so, specify type of case, type of participation, court, location and status of case.

10. a. A custody or visitation proceeding concerning the same child(ren) “ is “ is not pending in

New York State. [If pending, give court docket number and status of case]:

b. A custody or visitation proceeding concerning the same child(ren) “ is “ is not pending in

a jurisdiction outside New York State. [If pending, specify where, court docket number and status of

case]:

11. [Delete if inapplicable and SKIP to Paragraph 12]:

The custody or visitation of the

child(ren) has been agreed upon in the following custody, separation or guardianship agreement,

dated [specify, and attach copy]:

12. [Delete if inapplicable and SKIP to Paragraph 13]:

a. “ Petitioner “

Respondent obtained custody of the child(ren) on [specify date]:

, as follows:

b. “ Petitioner “ Respondent obtained visitation with the child(ren) on [specify date]:

, as follows:

13. It would be in the best interests of the child(ren) for Petitioner to have “ custody “ visitation for

the following reasons [specify]:

14. [Delete if inapplicable and SKIP to Paragraph 15]:

a. An Order of Protection or Temporary Order of Protection was issued [check applicable

box(es]: “ against Respondent “ against me in the following criminal, matrimonial and/or Family Court

The agreement or compromise must have been signed prior to the repeal of FCA §516 on May 19, 2009.

If litigation occurred in Native-American tribunal, so indicate.

General Form 17 Page 4

proceeding(s) [specify the court, docket or index number, date of order, next court date and status of case,

if available]:

The “ Order of Protection “ Temporary Order of Protection expired or will expire on [specify date ]:

b. Petitioner requests a Temporary Order of Protection pursuant to Family Court Act §655

because [specify]:

15. [Applicable where one or more parties are not parents of the child(ren); DELETE IF

INAPPLICABLE and SKIP to Paragraph 16]]: The subject child(ren) “ are “ are not Native-

American child(ren) who may be subject to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963).

16. [Applicable where a child abuse, child neglect or destitute child petition and/or a

permanency hearing report has been filed regarding the child(ren) and in which petitioner is a

relative or other non-parent or a parent who is not a respondent; DELETE IF INAPPLICABLE and

SKIP to Paragraph 17]:

a. “ A child protective petition, Docket # [specify]: , was filed in Family

Court, [specify county]: on [specify date]: alleging that [specify names of

respondents on that petition]:

neglected or abused the above-named child(ren). The petition resulted in [specify whether finding was

made and, if so, the disposition; if the disposition has been adjourned pending a consolidated hearing with

this petition, pursuant to F.C.A. §1055-b, so indicate and give next court date]:

b. “ A destitute child petition, Docket # [specify]: , was filed in Family Court,

[specify county]: on [specify date]: . The petition resulted in [specify

whether finding was made and, if so, the disposition; if the disposition has been adjourned pending a

consolidated hearing with this petition, pursuant to F.C.A. §1096, so indicate and give next court date]:

c. “ A permanency report, Docket # [specify]: , pursuant to Article 10-A of

the Family Court Act, was filed in Family Court, [specify county]: on [specify date]:

indicating a permanency plan of custody of the child(ren) with Petitioner in this proceeding. The

permanency hearing was adjourned to [specify date]: pending a consolidated hearing with this

petition, pursuant to F.C.A. §1089-a.

d. The child’s birth mother “ has “ has not consented to the award of custody to the

Petitioner. If not, the following extraordinary circumstances support Petitioner’s standing to seek custody

of the child(ren) [specify]:

e. The child’s legally-established birth father “ has “ has not consented to the award of

custody to the Petitioner. If not, the following extraordinary circumstances support Petitioner’s standing to

seek custody of the child(ren) [specify]:

General Form 17 Page 5

f. The child has been living with the following foster parent(s)[specify]:

since [specify date]: The foster parent(s) “ has/have “ has/have not consented to the award of custody

to the Petitioner. [If unaware whether they have consented, so state]:

g. The local department of social services [specify]: in the

related “ child abuse or neglect “ destitute child “ permanency proceeding “ has “ has not

consented to the award of custody to the Petitioner. [If unaware whether they have consented, so state]:

g. The attorney for the child(ren) [specify]: in the related

“ child abuse or neglect “ permanency proceeding “ has “ has not consented to the award of custody

to the Petitioner. [If unaware whether they have consented, so state]:

17. No previous application has been made in any court, including a Native-American tribunal,

or to any judge for the relief herein requested, (except:

WHEREFORE, Petitioner requests an order awarding “ custody “ visitation of the child(ren) to the

Petitioner and for such other and further relief as the Court may determine.

Dated:

____________________________

Petitioner

____________________________

Print or type name

____________________________

Signature of Attorney, if any

____________________________

Attorney’s Name (Print or Type)

____________________________

Attorney’s Address and Telephone Number

VERIFICATION

STATE OF NEW YORK )

:ss:

COUNTY OF )

being duly sworn, says that (s)he is the Petitioner in the above-named proceeding and that the foregoing petition is

true to (his)(her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to

those matters (s)he believes it to be true.

__________________________

Petitioner

Sworn to before me this

day of

(Deputy) Clerk of the Court

Notary Public