New York: Three Petitions, Not One Vent
Late-night searches mash three jobs: start a custody/visitation case, change an order, or enforce one someone will not follow. Family Court cares about captions and form numbers; county and borough practice still decides filing channels, copies, and e-filing. Name the job in one sentence, then pick the GF lane.
| Job | Sanity check | Form | Guidance |
|---|---|---|---|
| Start custody / visitation | No operative order yet, or you are initiating? | GF-17 | Open lane |
| Modify | Facts moved; you need new signed language? | GF-40 | Open lane |
| Enforce | Order is specific; other parent will not comply? | GF-41 | Open lane |
GF-17
Establish orders
First filing posture; proof comes in stages.
GF-40
Rewrite the calendar
Changed circumstances you can date.
GF-41
Hold the line
Order-matched misses, not a stealth modify.
New York procedure overviews
Statewide orientation: choose the lane that fits your case (custody modification, parenting time, child support, or enforcement) before you open a checklist page. Checklists live on the New York forms hub.
Weekend and exchange fights
Build the calendar story before GF-40 and GF-41 blur together. Start with New York enforcement and modification overviews when you are choosing a lane; add tools and general support below.
General support (not New York-specific)
Court paperwork playbooks: Custody court paperwork & responses (Resources).
New York FAQs
Why does New York keep saying petition instead of motion?
Family Court practice often routes custody and visitation through petition-style filings with their own form numbers. Language from a motion-only state can send you to the wrong packet.
Does GF-41 mean my whole case is enforcement?
It means you are asking the court to address non-compliance with an existing order. Proof still reads as line-and-date, not as a reopening of every fight since the order.
They will not follow Tuesdays but I also want new holidays. What do I do?
Split the jobs: compliance for the Tuesdays, modification for the holiday redesign. Mixed stories need a table so a reader sees which facts support which ask.
What Family Court does in every GF lane
Whichever petition you file, the same Family Court Act sections shape the first weeks. Knowing them ahead of time keeps the first appearance from being the moment you learn them.
Where the petition is heard
Family Court can decide custody and visitation petitions that start there, including grandparent applications, and ones that Supreme Court or County Court refers to it. Family Ct. Act § 651(a)–(b)
A lawyer if you cannot pay for one
A parent who is seeking custody, or who is fighting a substantial cut to their custody rights, has a statutory right to counsel. At your first appearance the judge has to tell you three things: you may hire a lawyer, you may ask for time to consult one, and you may ask for an assigned lawyer if you cannot afford one. Family Ct. Act § 262(a)(v)
A lawyer for your child, sometimes
In a custody or visitation case the judge may appoint an attorney to represent the child. The Act makes it discretionary here, unlike the case types where appointment is mandatory. Family Ct. Act § 249(a)
Record checks before any order
Before it signs a permanent order, or the first temporary order, the court must review three kinds of record: related child-protective (Article 10) decisions and warrants, the statewide registry of orders of protection, and the sex offender registry. The review happens whether or not either parent raises those records. A later temporary order triggers a fresh review unless one was done in the prior 90 days. The one exception is a temporary emergency order, which can issue first as long as the review follows within 24 hours. Family Ct. Act § 651(e)
Which authority each lane leans on
The full statute and case summaries sit on each lane's page, next to the petition they apply to. This is the map, so you open the right page first.
| If your question is… | Authority | Read it on |
|---|---|---|
| What standard decides who has the children? | DRL § 70; Eschbach (1982) | GF-40 page |
| Can a signed stipulation be reopened later? | Eschbach (1982) | GF-40 page |
| One parent wants to move away with the child. | Tropea (1996) | GF-40 page |
| The order is clear and is being ignored. | FCA § 156 with Judiciary Law § 753 | GF-41 page |
We organize information; we are not a law firm and this page is orientation, not advice about your case. New York practice differs by county and borough, and statutes are amended, so check the current text and your court's own rules.