Going through a child custody case can be overwhelming. In New York, when you file for child custody, you may have the choice to have your case heard by a Judge or referred to mediation, collaborative law, or negotiation. You may find the process intimidating, and you don’t want to make any errors when the well-being of your children is at stake. You may find it prudent to hire a child custody lawyer who can tell you how to file for child custody in New York.
Steps for Filing for Child Custody in New York
Many individuals elect to have an attorney file their child custody case due to the complicated nature of the process.
- Determine if your case needs to be filed in the Supreme Court or the Family Court.
- Complete all required forms.In family court, you will need to complete General Form 17 to petition for visitation or custody. If you have a proposed or agreed-upon parenting plan, you may submit it as well.In the Supreme Court, you will complete an Application for Index Number and pay a fee of $210. You will need to complete a Summons with Notice or a Summons and a Verified Complaint. You must also include a Notice of Automatic Orders, Notice of Guideline Maintenance, and the Notice of Concerning Continuation of Health Care Coverage.
- Finalize all paperwork. Make two additional copies of all items. You will need to have affidavits and any documents that require a notary stamp completed by a notary.
- Turn in the completed and notarized paperwork. Some courts allow electronic filing.There is no fee to file in family court. You may be able to file online, or you can take your documents to the family county clerk in the county where the child lives. The clerk will stamp your documents with a file number, keep one set, and return a set to you.There will be a fee of $210 to file the index number application in the Supreme Court. If you are opening an uncontested case, you will pay a fee of $35. You can expect to pay additional fees throughout the process if your case is contested.
- You will need to ensure the other parent is served. This provides formal notification that you have opened a case. It is important to follow the rules for service and file a notarized affidavit with the court afterward. One of these rules specifies that no party in the case can serve the papers on their own; rather, they must have someone else do it, such as a friend or a paid process server.
Why You Should Hire a Child Custody Lawyer
Disputes over the custody of your children can be extremely emotional and stressful. It is critical to have a skilled and experienced child custody lawyer to advise you and protect your rights. According to data from the CDC, the divorce rate in New York is 2.4 per 1,000 individuals, meaning there are many couples navigating the complexities of child custody cases each year.
In 2024, there were 154,011 custody and visitation cases filed in New York courts statewide. There were also 177,077 support-related cases started.
When you hire a child custody lawyer, you gain the advantage of having support from counsel who understands the complexities and nuances of New York child custody cases. A skilled family law attorney can successfully negotiate with the child’s other parent, reach a fair outcome, and protect the interests of you and your child throughout the process.
FAQs
How Much Does It Cost to File for Custody in NY?
There is no cost to file a custody petition in Family Court in NY. You will file the custody petition in the county where the child lives, typically with the Family Court. If the child for whom custody is being sought lives in Rochester, you can file your petition with the Monroe County Courthouse, located at 99 Exchange Blvd., Hall of Justice, 3rd Floor, Room 360, Rochester, NY 14614.
What Is the Biggest Mistake in a Custody Battle?
Because child custody cases can be emotionally charged, sometimes parents make decisions that are not rational and end up reflecting badly on them in court. A parent may allow anger and resentment toward the child’s other parent to overshadow the best interests of the child. Examples of this type of action include refusing to agree to reasonable co-parenting agreements, using the child as a pawn, attempting to start arguments, or not communicating in a civil manner.
What Should You Not Say in a Child Custody Hearing?
During a child custody hearing, you should avoid making disparaging comments about the child’s other parent. You should also avoid making unsupported accusations. You should be aware of how you speak to the mediator or judge. At all times, you should interact with them in a respectful and courteous manner. It is very important to remain composed and calm during the hearing. You should not make threats, overreact, or make any performative emotional displays.
How Is Child Custody Determined in NY?
Child custody in NY is determined by the principle of the “child’s best interest”. The judge in the case will consider factors such as the age and health of the child, the established emotional connection to each parent, the safety of the child (if there is a history of domestic violence or substance use by either party), and each parent’s ability to provide stability. The judge will make decisions about legal and physical custody and sole or joint custody.
Understand Your Legal Rights When Filing for Child Custody in New York
Disputes over the custody of your children can be extremely emotional and stressful. The Trotto Law Firm, P.C., works with you to explain your legal rights and responsibilities. Our law firm has been providing guidance to parents facing child custody disputes in the Greater Rochester area of New York for over 16 years.
Our staff understands that child custody decisions can be complex and nuanced. Contact the Trotto Law Firm, P.C., to schedule a consultation and learn how we can help.
