New York Family Court: Custody and Parenting-Time Guide
Plain-language New York information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.
This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.
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Find the right family court
The custody or parenting-time route described in this guide is handled through the New York Family Court for this guide's initial parent custody route. Other family-law matters can follow a different court or procedure.
Family Court generally handles custody and visitation petitions, while divorce cases are filed in Supreme Court and can include custody issues.Sources:Family Issues and Divorce, New York Family Court Act section 651
The Unified Court System's court finder lists Family Court and other court locations by county.Sources:Find a Court
How New York courts decide custody
New York courts decide custody according to the child's best interests and do not give either parent a prima facie right to custody.Sources:New York Domestic Relations Law section 240, Best Interest of the Child
The court considers the family's circumstances and factors such as caregiving, safety, health, domestic violence, work and child-care plans, family relationships, and each parent's ability to support the child's safe relationship with the other parent.Sources:Best Interest of the Child, New York Domestic Relations Law section 240
If an abuse allegation is proved by a preponderance of the evidence, the court must consider it and may not place the child with a parent who presents a substantial risk of harm.Sources:New York Domestic Relations Law section 240
Key legal sources
N.Y. Dom. Rel. Law § 240(1)(a)Sources:New York Domestic Relations Law section 240
N.Y. Fam. Ct. Act § 651(b)Sources:New York Family Court Act section 651
Parenting time
New York court guidance uses both "visitation" and "parenting time" for a child's court-ordered time with a parent who does not have sole custody.Sources:Visitation
A parent may ask Family Court for visitation. A grandparent may seek visitation where a parent has died or equity supports intervention; a sibling may seek visitation only where equity supports intervention. The court then decides visitation based on the child's best interests.Sources:Visitation, New York Domestic Relations Law section 72, New York Domestic Relations Law section 71
If the parties do not agree, court guidance says the court may hold a hearing and consider testimony and other information before making a custody or visitation order.Sources:Visitation, Custody and Visitation Hearings
Key legal sources
N.Y. Dom. Rel. Law § 240(1)(a)Sources:New York Domestic Relations Law section 240
N.Y. Fam. Ct. Act § 651(b)Sources:New York Family Court Act section 651
How to file
An original Family Court custody petition by a parent using General Form 17; it does not cover divorce, visitation-only requests, modification, enforcement, emergency, foster-care, interstate, or nonparent cases.Sources:Child Custody or Visitation Forms, New York Family Court Act section 651
Confirm Family Court is the correct route
This guide covers only a parent's initial Family Court custody petition. For a different kind of case, use the court's current guidance and filing tools, and use the court finder to identify the Family Court serving the county.Sources:Family Issues and Divorce, New York Family Court Act section 651, Find a Court
Complete the custody petition
Use current General Form 17 for the initial custody petition and complete its applicable sections. General Form 21 is available when disclosure of an address would pose the risk described in that form.Sources:Petition for (Custody) (Visitation) (GF-17), Family Forms
File with the Family Court clerk
File the completed petition and required attachments with the correct Family Court clerk and follow that court's current submission instructions. Family Court does not charge a filing fee for these cases.Sources:Child Custody or Visitation Forms, Fee Waivers - Poor Person's Relief, Find a Court
Complete service as directed
For this parent custody route, court guidance says the petition and summons must be personally delivered to the opposing parent and an affidavit of service filed with Family Court. Follow the summons and the local court's instructions for any additional requirements.Sources:Who May File a Petition for an Order of Custody?
Attend the scheduled appearance
If the parties agree, the judge may enter an order on consent; if they do not, the court may hold a hearing and receive testimony and other evidence before making an order.Sources:Custody and Visitation Hearings
Official forms
Open the official forms portal.
The Unified Court System publishes official Family Court forms by case type, including General Form 17 for an initial custody or visitation petition and separate forms for modification, enforcement, address confidentiality, and interstate cases.Sources:Family Forms, Child Custody or Visitation Forms, Petition for (Custody) (Visitation) (GF-17)
The listed orders are samples for judicial signature, and the correct petition and supporting forms depend on the case type and court instructions.Sources:Family Forms
Free court self-help
Find court self-help near you.
New York Court Help Centers and Volunteer Programs
A statewide county-searchable directory of court help centers and volunteer programs offering free legal and procedural information; staff do not represent users, and legal advice is available only through identified attorney programs.Sources:Court Help Centers and Community Organizations
Legal-aid organizations
Family Legal Care
Area served: People with qualifying matters in New York State Family Court, including out-of-state residents whose case is in New York
Free limited-scope consultations can provide family-law advice, case strategy, form help, and preparation for custody, visitation, parentage, child-support, and certain guardianship matters; the lawyer does not appear in court.Sources:Request a Consultation
Eligibility: There are no income or residency restrictions, but the matter must be within the listed New York Family Court subjects and a consultation depends on intake and eligibility screening.
Legal Aid Society of Nassau County
Area served: Nassau County Family Court
Court-assigned representation for financially eligible adults in specified Family Court matters, including qualifying custody and visitation proceedings; it does not handle divorce or every support matter.Sources:Family Court Bureau
Eligibility: A Family Court judge, referee, or support magistrate must find the person financially eligible, and the case must fall within the right-to-counsel matters the bureau handles.
Fee waivers
New York Family Court cases and domestic-violence cases do not require filing fees. In another civil court where fees apply, a person may ask for a fee waiver, also called poor person's relief, under CPLR 1101.Sources:Fee Waivers - Poor Person's Relief, New York Civil Practice Law and Rules section 1101
Who may qualify
In a court where a fee applies, CPLR 1101(a) permits a party with insufficient means to seek relief by motion. CPLR 1101(d) also provides a form-affidavit path to begin certain cases without payment, and CPLR 1101(e) provides a no-motion path for qualifying legal-services representation and certification.Sources:Fee Waivers - Poor Person's Relief, New York Civil Practice Law and Rules section 1101
The court may ask for additional proof, and a waiver order can require repayment from a later judgment or settlement.Sources:Fee Waivers - Poor Person's Relief
What to do
Confirm whether any fee applies
Family Court custody and visitation petitions have no filing fee. For a fee in another court or on an appeal, ask the clerk or a Help Center for that court's current poor-person-relief requirements.Sources:Fee Waivers - Poor Person's Relief, Court Help Centers and Community Organizations
Identify the fee-waiver route that applies
For a CPLR 1101(a) motion, the affidavit or affirmation addresses income, assets, inability to pay, the case, its apparent merit, and any person benefiting from a recovery. Before using that route, ask the clerk whether the CPLR 1101(d) form-affidavit or 1101(e) no-motion path applies.Sources:Fee Waivers - Poor Person's Relief, New York Civil Practice Law and Rules section 1101
Follow local service and decision instructions
Ask the clerk whether and when the papers must be served on other parties and the appropriate government attorney, then comply with the order granting or denying relief and any deadline to pay if relief is denied.Sources:Fee Waivers - Poor Person's Relief
Key statute or rule
N.Y. C.P.L.R. § 1101Sources:New York Civil Practice Law and Rules section 1101
Attorney cost benchmark
Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.
State and local details to confirm
New York Family Court handles custody and visitation petitions, while divorce cases are filed in Supreme Court.Sources:Family Issues and Divorce, New York Family Court Act section 651
Family Court cases have no filing fee. For courts where fees apply, court guidance says there is no single official statewide fee-waiver form and local instructions may differ; CPLR 1101 also identifies a form-affidavit route in certain cases.Sources:Fee Waivers - Poor Person's Relief, New York Civil Practice Law and Rules section 1101
New York court materials use both "visitation" and "parenting time," and the term used in a current court form or order may differ.Sources:Visitation, Family Forms
Part of Family Law in Your State.