GF-40: Petition for Modification of an Order of Custody/Visitation
Ask for new order language after life changed - not a do-over trial or a compliance-only fight.
GF-40 is New York's official Petition for Modification of an Order of Custody/Visitation. Parents generally file it in Family Court when a custody or visitation order already exists and material circumstances changed enough that the old language no longer fits the child's week. It is not GF-17 (start a first case) and not GF-41 (enforce readable order language someone is ignoring). CourtHelp describes modification when there is a change in circumstances; confirm local filing rules with official court resources or counsel you hire.
Official sources
- GF-40 PDF (English): https://www.nycourts.gov/LegacyPDFS/FORMS/familycourt/pdfs/gf-40.pdf
- NY Family Court custody/visitation forms index: https://www.nycourts.gov/LegacyPDFS/FORMS/familycourt/custodyvisitation.shtml
- CourtHelp custody and visitation hub: https://www.nycourts.gov/help/families-children/custody-visitation-orders
When to use GF-40
GF-40 is generally for parents who already have a signed custody or visitation order and need the court to change that order after a material change in circumstances - such as a move, school zone change, or schedule that no longer works. You will generally need a copy of the current order and dated facts showing what changed. The CourtHelp custody/visitation hub describes modification paths and filing context; papers are generally printed and filed at Family Court. Copy counts and attachments may vary by county - check with your clerk.
Reads like the wrong lane
- Pages of tone without dates tied to school, housing, or care.
- "They should be stopped" when the issue is readable missed exchanges.
- No proposed schedule; only adjectives about stability.
Reads like modification
- Dated anchors: move, zone change, commute math, care collapse.
- A calendar a clerk could type, plus authority lines that match the fight.
- Exhibits indexed to rows, not a haystack folder.
| GF-40 center of gravity | GF-41 center of gravity |
|---|---|
| Life changed; old paragraphs cannot run the week. | Old paragraphs are fine; someone will not follow them. |
| Relief sounds like "replace Section II with this grid." | Relief sounds like "here is the clause, here are the misses." |
| You need new custody or access language, not just outrage. | You need order-matched proof and a dated log. |
GF-40 (this form)
Modification petition: change an existing custody or visitation order after a material change in circumstances.
Organize your modification packet
MyCustodyCoach can help you gather dated change facts, proposed schedule notes, and current order excerpts in one place before you complete GF-40 or talk with counsel. MCC does not file forms for you and is not a substitute for a lawyer.
Related guides
More New York forms
State guides (overview)
General support (not New York-specific)
GF-40 questions
What is New York GF-40?
GF-40 is New York's General Form 40, the Petition for Modification of an Order of Custody/Visitation. Parents generally use it in Family Court when a custody or visitation order already exists and they ask the court to change that order after a material change in circumstances. It is not the form to start a first custody case (GF-17) or to enforce an order that is clear but not being followed (GF-41).
Where can I download the official GF-40 PDF?
New York State Unified Court System publishes GF-40 on its statewide Family Court forms repository at nycourts.gov (LegacyPDFS/FORMS/familycourt/pdfs/gf-40.pdf). The custody/visitation forms index and CourtHelp custody/visitation hub also point to official court resources. Use the official links on this page rather than third-party copies so you get the current court form.
When should I use GF-40 instead of GF-17 or GF-41?
Use GF-40 when you already have a signed custody or visitation order and you need new order language because circumstances changed - for example after a move, school change, or care shift. Use GF-17 when you are starting a first custody or visitation case with no operative order to modify. Use GF-41 when the order is readable and the problem is compliance, not redesign. If you are unsure which lane fits, review official CourtHelp materials or talk with counsel you hire.
Is GF-40 filed in Family Court?
Yes. New York Family Court custody/visitation materials describe filing a modification petition in Family Court. Papers are generally printed and filed at the court; the process is not e-fileable through the legacy DIY paths. County copy counts, attachments, and local filing rules may vary - check with your Family Court clerk and the official CourtHelp custody/visitation hub before you file.
Do I need an existing custody or visitation order for GF-40?
Yes. GF-40 is a modification petition. You generally need a custody or visitation order signed by a judge from a New York State court. You will generally need a copy of the current order and should be prepared to explain what changed since that order was issued. Confirm current filing requirements on the official CourtHelp custody/visitation hub linked on this page.
How does GF-40 differ from GF-41?
GF-40 asks the court to change order language when life changed enough that the old terms no longer fit the child's week. GF-41 asks the court to address non-compliance when the existing order is clear and someone is not following it. If your strongest material is dated missed exchanges under readable clauses, compare GF-41 before you file a rewrite that is really an enforcement story.
Last reviewed: 2026-06-03
MyCustodyCoach is not a law firm. Court rules, fees, and form versions change by county; confirm what applies to your case with official court resources or counsel you hire.