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The Petition for Modification NY GF 17 form is an important legal document used in New York Family Court to request changes to existing custody or visitation arrangements. This form is utilized by individuals who wish to modify a previous court order regarding the care and access of children. It allows petitioners to present their case, outlining their relationship to the child, the current living situation, and any relevant history regarding custody or visitation. The form requires detailed information about the child, including their name, gender, date of birth, and current address, while also providing space to specify the relationship of both the petitioner and the respondent to the child. Additional sections address circumstances such as military service, previous custody orders, and participation in related legal proceedings. Importantly, the form emphasizes the child's best interests, guiding the court in making informed decisions. By completing this form, petitioners can formally request custody or visitation changes, ensuring their voice is heard in matters that significantly impact the lives of children.
Similar forms
- Petition for Custody (NY GF 16) - This document is used to request custody of a child. Like the Petition for Modification, it involves the child's welfare and requires details about the parents and their relationship to the child.
- Petition for Visitation (NY GF 15) - Similar to the modification petition, this form seeks to establish or change visitation rights. Both documents aim to address the best interests of the child.
- Petition for Guardianship (NY GF 20) - This form is used when someone wants to become the legal guardian of a child. It shares similarities in that it requires information about the child and the proposed guardian's relationship to the child.
- Petition for Child Support (NY GF 14) - This document requests financial support for a child. Both petitions involve the child's needs and require details about the parents' financial situations.
- Order of Protection (NY GF 23) - While focused on safety, this form may accompany custody or visitation modifications. Both documents address the child's living situation and emotional well-being.
- Modification of Child Support (NY GF 40) - This form is used to change an existing child support order. Like the modification petition, it requires justification for the change based on the child's best interests.
- Uniform Child Custody Jurisdiction and Enforcement Act Petition (UCCJEA-1) - This form is used when custody matters cross state lines. It shares the focus on custody and visitation, but is specific to jurisdictional issues.
- Paternity Petition (NY GF 12) - This document establishes paternity and can affect custody and visitation rights. Both petitions involve determining the best interests of the child in family law matters.
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FCA §§ 467, 549, 651, 652,654; DRL |
General Form 17 |
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10/2012 |
FAMILY COURT OF THE STATE OF NEW YORK |
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COUNTY OF |
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..................................................................................... |
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In The Matter of a Proceeding for |
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“Custody “Visitation under Article “4 “5 “6 |
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of the Family Court Act or Section 240 |
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of the Domestic Relations Law |
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Petitioner |
Docket No. |
Relationship to child: |
PETITION |
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“ CUSTODY “ VISITATION |
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Respondent |
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Relationship to child: |
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....................................................................................... |
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TO THE FAMILY COURT: |
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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
Name |
Gender Date of Birth |
Current Address |
Name of Person |
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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
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
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
1Note: 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
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
Name of Child |
Child’s Address |
Duration |
Name of Person |
Current Address |
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(from/to) |
With Whom Child |
of the Person With |
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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]:2
“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]:3
“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 4]:
County, State of, referring the issue of Court of the State of New York in and for the County of [specify]:
An order was issued by |
Court, |
“ custody “ visitation |
to the Family |
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]: |
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“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.
2 Inapplicable if Petitioner is based at a permanent duty station or has had a permanent reassignment of station.
3Inapplicable 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 §516,4 was approved by
the Family Court of |
County on |
, |
, concerning [name parties to |
agreement or compromise |
and child(ren)]: |
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A true copy of the agreement or compromise is attached to this petition. |
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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
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 |
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the same children in “ New York State |
“ Other jurisdiction [specify]:5 |
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If so, specify type of case, type of participation, court, location and status of case. |
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10. a. A custody or visitation proceeding concerning the same child(ren) |
“ is |
“ is not pending in |
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New York State. [If pending, give court docket number and status of case]: |
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b. A custody or visitation proceeding concerning the same child(ren) |
“ is |
“ is not pending in |
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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: |
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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
4The agreement or compromise must have been signed prior to the repeal of FCA §516 on May 19, 2009.
5If litigation occurred in
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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. §§
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
a. “ A child protective petition, Docket # [specify]: |
, was filed in Family |
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Court, [specify county]: |
on [specify date]: |
alleging that [specify names of |
respondents on that petition]: |
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neglected or abused the
b. “ A destitute child petition, Docket # [specify]: |
, was filed in Family Court, |
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[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 |
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 |
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permanency hearing was adjourned to [specify date]: |
pending a consolidated hearing with this |
petition, pursuant to F.C.A. |
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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
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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]: |
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17.No previous application has been made in any court, including a
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
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VERIFICATION |
STATE OF NEW YORK |
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:ss: |
COUNTY OF |
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being duly sworn, says that (s)he is the Petitioner in the
__________________________
Petitioner
Sworn to before me this day of
(Deputy) Clerk of the Court
General Form 17 Page 6
Notary Public
Common mistakes
When filling out the Petition For Modification NY GF 17 form, many people make common mistakes that can lead to delays or complications in their case. One frequent error is failing to provide complete and accurate information about the children involved. The form requires specific details such as the names, genders, and current addresses of each child. Omitting this information or providing incorrect details can result in the court being unable to process the petition effectively.
Another mistake often seen is neglecting to check the appropriate boxes regarding the petitioner and respondent's military status. The form includes sections specifically for individuals on active military duty. If a petitioner or respondent is currently serving in the military, it is crucial to indicate this accurately. Failing to do so can lead to misunderstandings about the custody or visitation arrangements and may affect the legal proceedings.
Additionally, many individuals overlook the importance of attaching necessary documents. For instance, if there has been a prior order of custody or visitation, the form may require that a copy of that order be included. Not providing these attachments can weaken the petition and may cause the court to question the validity of the claims being made.
Lastly, some people forget to sign and date the petition. This step may seem simple, but it is essential. Without a signature, the court cannot accept the petition. A missing signature can lead to unnecessary delays, as the petitioner will need to resubmit the form. Ensuring that all sections are completed, all necessary documents are attached, and that the petition is signed can make a significant difference in the outcome of the case.
More About Petition For Modification Ny Gf 17
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What is the purpose of the Petition for Modification NY GF 17 form?
The Petition for Modification NY GF 17 form is used to request changes to existing custody or visitation orders in New York Family Court. This form allows a petitioner to present their case for why modifications are necessary, ensuring that the best interests of the child are considered.
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Who can file this petition?
Any individual with legal standing can file this petition. This typically includes parents, guardians, or individuals who have been granted visitation rights. The petitioner must demonstrate a legitimate interest in the child's welfare.
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What information is required in the form?
The form requires detailed information about the child, including their name, date of birth, and current address. Additionally, the petitioner must provide their relationship to the child, the respondent's information, and any relevant history regarding custody or visitation arrangements.
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What are the grounds for modification?
Modifications can be requested for various reasons, such as changes in circumstances affecting the child's well-being, relocation of a parent, or significant changes in the child's needs. The petitioner must clearly outline why the modification is in the child's best interest.
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Is there a fee to file the petition?
Yes, there is typically a filing fee associated with submitting the Petition for Modification. The exact amount may vary by county. However, individuals who cannot afford the fee may request a fee waiver by submitting the appropriate forms.
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What happens after the petition is filed?
Once the petition is filed, the court will schedule a hearing. Both parties will have the opportunity to present their case. The judge will consider the evidence and make a decision based on the best interests of the child.
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Can I represent myself in this process?
Yes, individuals have the right to represent themselves in Family Court. However, navigating the legal system can be complex. It is advisable to consult with an attorney to ensure that your rights and interests are adequately protected.
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What if there is an existing custody order from another state?
If there is an existing custody order from another state, you may need to use a different form, such as the UCCJEA-1. This form is specifically for cases involving multiple jurisdictions and ensures that the appropriate court has authority over the custody matter.
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How can I ensure my petition is successful?
To increase the likelihood of a successful petition, provide thorough documentation supporting your claims. This may include evidence of changed circumstances, the child's current needs, and any relevant witness statements. Additionally, clearly articulate how the proposed changes serve the child's best interests.
Misconceptions
Misconception 1: The Petition For Modification NY GF 17 form is only for custody changes.
This form can also be used to request modifications for visitation rights, not just custody arrangements.
Misconception 2: Anyone can file this petition regardless of their relationship to the child.
Only individuals with a legal standing, such as parents or guardians, can file this petition.
Misconception 3: The form is the same for all states.
The NY GF 17 form is specific to New York and may differ from forms used in other states.
Misconception 4: You cannot modify a custody order if the other parent disagrees.
A petition can still be filed even if the other parent does not agree. The court will review the case based on the best interests of the child.
Misconception 5: This form is only for parents.
Non-parents, such as grandparents or guardians, can also use this form if they have legal standing.
Misconception 6: Filing this petition guarantees a change in custody or visitation.
Submitting the form does not guarantee a change; the court must evaluate the request and make a determination.
Misconception 7: There is no need to provide reasons for the modification.
The petitioner must clearly state the reasons why the modification is in the best interests of the child.
Misconception 8: You can file the petition without any prior court orders.
This form is meant for modifying existing custody or visitation orders. If no order exists, a different process may be required.
Misconception 9: The petition must be filed in person at the courthouse.
While in-person filing is an option, many jurisdictions allow for electronic filing, making the process more convenient.
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Key takeaways
When filling out and using the Petition For Modification NY GF 17 form, keep these key takeaways in mind:
- Provide Accurate Information: Ensure that all details about the child, including name, gender, and address, are correct. This information is crucial for the court to process your petition effectively.
- Understand Your Relationship: Clearly state your relationship to the child. This helps establish your standing in the case and supports your request for custody or visitation.
- Military Service Considerations: If either party is on active military duty, include relevant details. This can impact custody and visitation arrangements, so it’s important to specify any military obligations.
- Follow Legal Procedures: Be aware of any existing custody orders or ongoing proceedings. If there are other legal actions regarding the same child, this may affect your petition.
Petition For Modification Ny Gf 17: Usage Guide
After completing the Petition for Modification NY GF 17 form, the next step involves submitting it to the appropriate Family Court in New York. Be sure to keep a copy for your records. You may also need to serve the other party involved in the case, ensuring they are aware of the petition and can respond accordingly.
- Begin by filling in the county and the name of the court at the top of the form.
- In the section labeled "In The Matter of a Proceeding for," check the applicable box for "Custody" or "Visitation."
- Enter the name of the Petitioner and the Docket Number, if available.
- Provide the relationship of the Petitioner to the child.
- List the name, gender, current address, and date of birth for each child involved. If the address needs to be kept confidential, indicate that as well.
- Specify the name of the person with whom the child resides.
- Indicate the Petitioner’s current address and relationship to the child. If confidentiality is required, note that as well.
- For the Respondent, provide their current address and relationship to the child, including confidentiality if necessary.
- If applicable, specify where and with whom the child lived during the two years prior to the current address.
- If either party is on active military duty or has recently returned, check the appropriate boxes and provide the required details.
- Indicate if any prior custody or visitation orders exist and provide the details if applicable.
- Provide information about any other parents involved in the case, including their names and addresses.
- State whether any custody or visitation proceedings are currently pending in New York or elsewhere, including docket numbers and statuses.
- If there have been any agreements regarding custody or visitation, specify the date and attach a copy if necessary.
- Detail the reasons why it would be in the best interests of the child for the Petitioner to have custody or visitation.
- Include any information regarding previous applications made in other courts, if applicable.
- Sign and date the petition, and ensure that it is verified by a notary public.