GF-17 Petition for Custody or Visitation (New York): how to fill it out, paragraph by paragraph

Summary: what GF-17 does, and what you need first

• GF-17 is for a new case. Footnote 1 on the form says that if a New York court has already entered a custody or visitation order, the petition for modification or enforcement, General Forms 40 or 41, should be used instead, and that if a case is pending in, or an order was issued by, a court outside New York, including a Native American tribunal, Form UCCJEA-1 should be used.
• Gather each child’s name, gender, date of birth and current address, and the name of the person each child lives with (paragraph 1). If a child has lived at that address or with that person for two years or less, paragraph 4 asks where and with whom the child lived during the two years before that.
• Decide whether your address needs to stay private. Every address line on GF-17 lets you indicate that the address was ordered kept confidential under Family Court Act § 154-b(2) or Domestic Relations Law § 254. CourtHelp says to tell the Family Court clerk, who will give you an Address Confidentiality Affidavit to fill in and sign.
• Collect the paperwork the form asks you to attach: an order of filiation or Acknowledgment of Parentage (paragraph 6), any custody, separation or guardianship agreement (paragraph 10), and a parentage agreement approved under former Family Court Act § 516 if there is one.
• Write paragraph 12, the reasons custody or visitation with you is in the children’s best interests, as specific facts. Domestic Relations Law § 240(1)(a) says there is no prima facie right to custody in either parent.
• Domestic Relations Law § 76-h(1) requires each party, in its first pleading or in an attached affidavit, to give under oath, if reasonably ascertainable, the places the child has lived during the last five years and the names and present addresses of the people the child lived with. GF-17 asks for two years, so give the rest in an attached affidavit. The court’s statewide form for that statement is UCCJEA-3, Affirmation - UCCJEA; the clerk can tell you whether your court wants that form.
• Sign the verification, then file in Family Court. CourtHelp says papers can be filed at the courthouse, sent electronically through EDDS, or e-filed through NYSCEF, and that it is free to file a custody petition in Family Court.
• Arrange service of the summons and petition. CourtHelp says you cannot deliver them yourself, that in some counties the court serves them, and that a non-parent filing for custody must serve both parents.

What GF-17 is, and the law printed at the top of it

GF-17 is one of the official Family Court forms. 22 NYCRR 205.7(a) says the forms designated “Forms of the Family Court of the State of New York” are the official forms of the court and shall, in substantially the same form as set forth, be uniformly used throughout the State. The court system’s custody forms listing names it “GF-17 Petition for (Custody) (Visitation)”; the matching order form is GF-18, Order Directing (Custody) (Visitation).

The statutes printed in the top left corner of the form read “FCA §§ 467, 549, 651, 652,654; DRL §§75-l, 240”. Those are the routes into a custody case, and they match the caption’s checkboxes for Article 4, 5 or 6 of the Family Court Act or Section 240 of the Domestic Relations Law. Family Court Act § 651(b) gives the Family Court jurisdiction over custody and visitation petitions initiated there, to be decided in accordance with Domestic Relations Law § 240(1). Section 467 (in Article 4) covers custody applications the Supreme Court refers from a divorce, separation or annulment, and § 652 (in Article 6) covers applications referred from those matrimonial actions. Section 549 (in Article 5) lets the Family Court make an order of custody or visitation after an order of filiation, in the absence of a Supreme Court custody order. The Senate’s published Family Court Act has no section 654 in Article 6, Part 3; section 653 is followed directly by section 655. Domestic Relations Law § 75-l is the military service section of the Uniform Child Custody Jurisdiction and Enforcement Act.

The standard is the child’s best interests. Domestic Relations Law § 240(1)(a) directs the court to enter custody orders having regard to the circumstances of the case and of the parties and to the best interests of the child, and says that in all cases there shall be no prima facie right to the custody of the child in either parent. CourtHelp lists what a judge looks at, such as which parent has been the main caregiver, each parent’s parenting skills and ability to meet the child’s special needs, the parents’ mental and physical health, any domestic violence, work schedules and child care plans, the child’s relationships with siblings and family, the child’s wishes depending on age, and each parent’s ability to cooperate and encourage a relationship with the other parent when it is safe to do so.

Anyone with an important role in a child’s life may file. CourtHelp says you do not have to be the child’s parent, but when a judge decides custody between a parent and a non-parent, the judge first considers whether there are extraordinary circumstances, and only then what is in the child’s best interest. It gives as examples a parent’s neglect or abuse of the child, abandonment, a parent in prison, or other serious acts that may affect the child’s well-being. That is why paragraphs 7 and 14 and the addendum ask more of a petitioner who is not a parent.

Before any permanent or initial temporary custody or visitation order, Family Court Act § 651(e) and Domestic Relations Law § 240(1)(a-1) require the court to review related child protective decisions, warrants, the statewide registry of orders of protection and the sex offender registry, and to notify the parties of the results. Once a custody or visitation hearing or trial begins, 22 NYCRR 205.14 says it shall proceed to conclusion within 90 days.

GF-17 paragraph by paragraph

GF-17 numbers its paragraphs 1 through 16 in the body, with lettered items under several of them, and the addendum is Paragraph 17. Bracketed instructions in bold tell you when to skip a paragraph. Two paragraphs on page 2 are both printed as “5.”: the military service paragraph and the referral order paragraph. Paragraphs 4, 7 and 10 say to check a box if applicable, but the 1/2026 form prints no box beside them; write your answer or skip the paragraph as its instruction says. Paragraph numbers and wording below are the ones printed on the form.

Caption

FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF; In The Matter of a Proceeding for Custody or Visitation

What it asks

The county; whether the case is for custody or visitation and under Article 4, 5 or 6 of the Family Court Act or Section 240 of the Domestic Relations Law; the petitioner’s and respondent’s names, each with a relationship to child line; and PETITION, CUSTODY or VISITATION. Family File No. and Docket No. are on the right.

What to put

Write the county where you are filing, your name as petitioner and the other party as respondent, and each person’s relationship to the child, for example Maria Lopez, mother, against Daniel Reyes, father. Check custody, visitation or both in both places. Leave the Family File and Docket numbers blank: CourtHelp says the clerk assigns a docket number when the petition is filed, and that there may be a separate docket number for each child. For a first petition between parents in Family Court, the Article 6 box matches Family Court Act § 651.

Common mistake

Using GF-17 when an order already exists. Footnote 1, printed at the foot of page 1, sends you to General Forms 40 or 41 if a New York court has already issued a custody or visitation order, and to Form UCCJEA-1 if a case is pending in, or an order was issued by, a court outside New York.

Paragraph 1

The name, gender, current address and date of birth of each child who is the subject of this proceeding

What it asks

The opening line, “The Petitioner respectfully alleges upon information and belief that,” then a table with each child’s Name, Gender, Date of Birth, Current Address, and Name of Person with Whom Child Resides.

What to put

One row per child the petition is about. If the court has ordered an address kept confidential, write that instead of the address, as the bracketed instruction allows. Family Court Act § 154-b(2)(a) lets the court authorize a party or the child to keep an address confidential where disclosure would pose an unreasonable risk to the health or safety of a party or the child.

Common mistake

Listing where the child should live instead of where the child lives now. The column asks for the person with whom the child resides today; what you want goes in paragraph 12 and the WHEREFORE clause.

Paragraph 2

Petitioner resides or is located at; Petitioner is [relationship]

What it asks

a. Your name, whether you reside at or are located at an address, and the address (or that it is confidential). b. Your relationship to the child; if foster parent, agency, institution or other relationship, so state.

What to put

Check resides or is located, then give the address. In b, write mother, father, grandmother, aunt, foster parent and so on.

Common mistake

Leaving your address off because you do not want the respondent to have it, without asking the court. CourtHelp says to tell the Family Court clerk you want your address kept confidential; the clerk gives you an Address Confidentiality Affidavit, and with an Address Confidentiality Order your address will not be printed on court papers.

Paragraph 3

Respondent resides or is located at; Respondent is [relationship]

What it asks

a. The respondent’s name and address (or that it is confidential). b. The respondent’s relationship to the child. Item b is printed at the top of page 2.

What to put

The respondent’s current address is where the summons and petition will be served, so give the most specific address you have.

Common mistake

Naming only one respondent when the case needs two. CourtHelp says that if a non-parent is filing for custody, the petition must be served on both parents.

Paragraph 4

Where and with whom the child lived during the two years prior

What it asks

For any child in paragraph 1 who has lived at the current address or with the current person for two years or less: the Name of Child, Child’s Address, Duration (from/to), Name of Person With Whom Child Resided, and Current Address of the Person With Whom Child Resided. Skip to paragraph 5 if it does not apply.

What to put

Work backward from the date the child moved to the current address, with dates for each stay. For example, a child who moved in with you in March 2026 would need the addresses and caregivers from March 2024 to March 2026.

Common mistake

Treating paragraph 4 as the whole residence history. Domestic Relations Law § 76-h(1) requires the places the child has lived during the last five years, if reasonably ascertainable, in the first pleading or an attached affidavit, and § 76-h(2) lets the court stay the proceeding until the information is furnished. The court’s UCCJEA-3 Affirmation asks for the full five years.

Paragraph 5 (military service)

Applicable when Petitioner and/or Respondent is on active military duty or has recently returned from active military service

What it asks

a. Whether you are on active duty, deployed or temporarily assigned to military service, or have returned from it, with the type of service, branch or National Guard unit, dates and location, and how it is likely to affect custody or visitation. b. The same for the respondent. Skip to paragraph 6 if neither applies.

What to put

Footnotes 2 and 3 say the paragraph does not apply if the person is based at a permanent duty station or has had a permanent reassignment of station. Domestic Relations Law § 75-l(4) says the same. If it applies, § 75-l(2) and § 240(1)(a-2) say that while a parent is on such service, the court may enter an order to modify custody if there is clear and convincing evidence that the modification is in the child’s best interests, and that an attorney for the child shall be appointed whenever a modification is sought during that service.

Common mistake

Leaving out how the duty affects the children. Each line asks how the duty is likely to affect custody or visitation, if at all; a deployment date with no plan for the children tells the court little.

Paragraph 5 (referral order)

An order was issued referring the issue of custody or visitation to the Family Court

What it asks

If another court issued an order referring custody or visitation to the Family Court, the court, county and state, which issue was referred, and the Family Court county. Skip to paragraph 6 if not.

What to put

This is the Supreme Court referral Family Court Act § 467(a) and § 652(a) describe: in an action for divorce, separation or annulment, the Supreme Court may refer applications to fix temporary or permanent custody or visitation to the Family Court. Copy the court and county from the referral order.

Common mistake

Confusing this with the paragraph 5 above it. The form prints two paragraphs numbered 5; this one is only about a referral order from another court.

Paragraph 6

The father of the child(ren) who (is)(are) the subject(s) of this proceeding

What it asks

a. Who the father is, and how that is established: he was married to the mother at the time of conception or birth, an order of filiation was made (date and court, attach a true copy), an Acknowledgment of Parentage was signed (date and who signed, attach a true copy), or he is deceased. b. That the father has not been legally established. c. That a parentage agreement or compromise under former Family Court Act § 516 was approved, with a true copy attached.

What to put

Check every box that is true and attach the copies the form asks for. Footnote 4 says an agreement or compromise under § 516 must have been signed before the section’s repeal on May 19, 2009. Family Court Act § 549(a) is the reason paternity matters here: after an order of filiation, the Family Court may make an order of custody or visitation in the absence of a Supreme Court order.

Common mistake

Checking that paternity is established without the paper that establishes it. The form asks for a true copy of the order of filiation or the Acknowledgment of Parentage.

Paragraph 7

The name and address of a parent or parents who are not parties to this proceeding

What it asks

Applicable where either parent is not a party: the name and address of each parent who is not a party, or that the parent is deceased or the address is confidential. Skip to paragraph 8 if both parents are parties.

What to put

A grandparent or other relative filing against one parent lists the other parent here. Domestic Relations Law § 76-h(1)(c) separately requires you to state whether you know the names and addresses of anyone not a party who has physical custody of the child or claims custody or visitation rights.

Common mistake

Skipping it because the other parent is uninvolved. If a parent is not a party, the court needs that parent’s name and address.

Paragraph 8

Petitioner has participated in other litigation concerning the custody of the same children

What it asks

Whether you took part as a party, witness or other capacity in other custody litigation about the same children, in New York State or another jurisdiction, and if so the type of case, your role, the court, location and status. Footnote 5 says to indicate litigation in a Native American tribunal.

What to put

This tracks Domestic Relations Law § 76-h(1)(a), which requires each party to state whether it has participated as a party or witness or in any other capacity in any other proceeding concerning custody of or visitation with the child, and to identify the court, case number and date of any determination.

Common mistake

Leaving out a case because it ended. The paragraph asks about other litigation and its status, whether pending or finished.

Paragraph 9

A custody or visitation proceeding concerning the same child(ren) is or is not pending

What it asks

a. Whether a custody or visitation case about the same children is pending in New York, with docket number and status. b. Whether one is pending outside New York, with where, docket number and status.

What to put

Check is or is not on both lines. Domestic Relations Law § 76-h(4) gives each party a continuing duty to tell the court about any proceeding in this or any other state that could affect the current one, so update the court if something is filed later.

Common mistake

Answering only line a. A pending case in another state can decide which court has jurisdiction; Domestic Relations Law § 76(1) makes the child’s home state the first basis for an initial custody determination.

Paragraph 10

The custody or visitation of the child(ren) has been agreed upon in an agreement

What it asks

If custody or visitation was agreed in a custody, separation or guardianship agreement, its date, with a copy attached. Skip to paragraph 11 if not.

What to put

Attach the signed agreement. CourtHelp says that if both sides agree on custody, a hearing is not needed and the judge enters a custody order on consent.

Common mistake

Describing an informal arrangement here. The paragraph is for a written custody, separation or guardianship agreement; an informal arrangement belongs in paragraph 11 or 12.

Paragraph 11

Petitioner or Respondent obtained custody or visitation on [date], as follows

What it asks

a. Whether you or the respondent obtained custody of the children, the date, and how. b. The same for visitation (printed at the top of page 4). Skip to paragraph 12 if neither applies.

What to put

Describe how custody or visitation came about and since when, for example that the respondent left the home in June 2025 and the children have lived with you since, seeing the respondent every other weekend.

Common mistake

Writing that a party “has custody” as if an order existed. If there were a New York order, footnote 1 says to use GF-40 or GF-41; here, describe the arrangement in fact.

Paragraph 12

It would be in the best interests of the child(ren) for Petitioner to have custody or visitation for the following reasons

What it asks

Check custody or visitation, then specify the reasons.

What to put

This is the heart of the petition. Domestic Relations Law § 240(1)(a) asks the court to decide by the best interests of the child, with no prima facie right to custody in either parent. Write facts the CourtHelp factors reach: who has been the main caregiver, school and medical routines, work schedules and child care, the children’s relationships with siblings and family, and your willingness to support their relationship with the other parent where it is safe. If you allege domestic violence in this sworn petition and prove it by a preponderance of the evidence, § 240(1)(a) says the court must consider its effect on the child’s best interests.

Common mistake

Writing about the other parent only. The paragraph asks why custody or visitation with you is best for the children; complaints that do not connect to the children’s care add little.

Paragraph 13

An Order of Protection or Temporary Order of Protection was issued; Petitioner requests a Temporary Order of Protection

What it asks

a. Any order of protection or temporary order of protection against the respondent or against you in a criminal, matrimonial or Family Court proceeding, with the court, docket or index number, date, next court date, status, and when it expired or will expire. b. Whether you are requesting a temporary order of protection under Family Court Act § 655, and why. Skip to paragraph 14 if neither applies.

What to put

List every order, including one against you. Family Court Act § 655(a) lets the court, for good cause shown, issue a temporary order of protection on the filing of a petition under Article 6, and § 655(b) says a temporary order of protection is not a finding of wrongdoing. A separate family offense case is started with its own petition; the court system’s Family Offense forms list it as Form 8-2, Petition - Family Offense.

Common mistake

Leaving out an order because it was issued in criminal court. Paragraph 13a asks about criminal, matrimonial and Family Court proceedings, and Domestic Relations Law § 240(1)(a-1) has the court check the statewide registry of orders of protection before it issues a permanent or initial temporary custody order.

Paragraph 14

REQUIRED where one or more parties are not parents of the child(ren): the Indian Child Welfare Act

What it asks

Check A (you know or have reason to believe the child may be a Native American child subject to the Indian Child Welfare Act of 1978, with the basis and who has been notified: parent or custodian, tribe or nation, United States Secretary of the Interior), or B (reason to believe the child may not be), or C (you do not yet have the information, and why). Skip to paragraph 15 if the petition is between two parents.

What to put

22 NYCRR 205.51 says that in any proceeding in which the custody of a child is to be determined, the petition shall set forth whether the child is a Native American child subject to the Indian Child Welfare Act of 1978, and the court shall proceed as appropriate under that act. Give the basis for your answer in each case.

Common mistake

Skipping it as a grandparent or other relative. The bracketed instruction makes paragraph 14 required whenever a party is not a parent.

Paragraph 15

INSERT ADDENDUM where a child abuse, child neglect or destitute child petition and/or a permanency hearing report has been filed

What it asks

An instruction only: if a child protective, destitute child or permanency case involves the children and you are a respondent parent, non-respondent parent, relative or other non-parent in it, complete the addendum (Paragraph 17). If not, skip to paragraph 16.

What to put

If it applies, fill in Paragraph 17 at the end of the form. Family Court Act § 651(c-1) lets the court hearing an Article 10 or 10-A case jointly hear the custody petition with the dispositional or permanency hearing.

Common mistake

Leaving out the addendum because the other case is in a different courtroom. The paragraph applies whenever such a petition or report has been filed about the children.

Paragraph 16

No previous application has been made for the relief herein requested

What it asks

The statement that no previous application has been made in any court, including a Native American tribunal, or to any judge for the same relief, with an “except” line for any that has.

What to put

List any earlier custody or visitation petition you filed for these children, even one that was dismissed or withdrawn, with the court and docket number.

Common mistake

Leaving the except line blank when an earlier petition was dismissed. The paragraph is about any previous application, not only ones that led to an order.

WHEREFORE

WHEREFORE, Petitioner requests an order awarding custody or visitation

What it asks

Check custody, visitation or both: the request for an order awarding them to you, and for such other and further relief as the court may determine.

What to put

Match the boxes to the caption and paragraph 12. If you want a particular schedule, describe it in paragraph 12 so the request has content behind it.

Common mistake

Checking custody in the caption and visitation here. The boxes in the caption, paragraph 12 and the WHEREFORE clause should match.

Signature

Dated; Petitioner; Print or type name; attorney lines

What it asks

The date, your signature and printed name, and an attorney’s signature, name, address and telephone number if you have one.

What to put

Sign and print your name. Leave the attorney lines blank if you are filing yourself. Family Court Act § 262(a)(v) gives a parent seeking custody, or contesting the substantial infringement of custody, the right to counsel, including assigned counsel if the parent cannot afford one.

Common mistake

Signing here and skipping the verification. They are separate; the verification is what makes the petition sworn.

Verification

VERIFICATION

What it asks

That you are the petitioner and affirm, on the date written, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the statements are true to your own knowledge, except those alleged on information and belief, which you believe to be true.

What to put

Fill in the day, month and year, then sign and print your name. It is an affirmation, and the form prints no notary block.

Common mistake

Treating information and belief as a shield for guesses. The verification says statements on information and belief are ones you believe to be true.

Addendum, items a to d

ADDENDUM (Paragraph 17): the child protective, destitute child or permanency case

What it asks

a. A child protective petition: docket number, county, filing date, who it alleged neglected or abused the children, and the result. b. A destitute child petition, the same way. c. A permanency report under Article 10-A indicating a plan of custody with you, and the adjourned date. d. Why ending the placement or remand will not jeopardize the children’s safety, will give them a safe and permanent home, and is in their best interests.

What to put

Copy the docket numbers and dates from the other case’s papers. The items cite Family Court Act §§ 1055-b, 1096 and 1089-a for a consolidated hearing; if the disposition or permanency hearing was adjourned pending a consolidated hearing with this petition, say so and give the next court date, as each item asks.

Common mistake

Answering d with a conclusion. Item d asks for the reasons, so give facts about the home, the children’s safety and their needs.

Addendum, items e and f

Applicable where Petitioner is a Respondent or a Non-respondent parent in the related case

What it asks

e. Whether the child’s other parent has or has not consented to custody with you. f. Whether a named non-parent has or has not objected to custody with you, with the printed statement that an objecting non-parent has not demonstrated extraordinary circumstances.

What to put

Complete these only if you are a parent in the related child protective, destitute child or permanency case and the custody hearing was consolidated with it, as the bracketed note says.

Common mistake

Filling in e and f as a relative. Those items are for a parent petitioner; items g to k are for a relative or other non-parent.

Addendum, items g to k

Applicable where Petitioner is a relative or other non-parent in the related case

What it asks

g. Whether the birth mother has or has not consented, and if not, the extraordinary circumstances supporting your standing. h. The same for the legally established birth father. i. The foster parents the child lives with, since when, and whether they consent. j. Whether the local department of social services consents. k. Whether the attorney for the child consents. Items h to k are on page 7.

What to put

For g and h, give the facts that amount to extraordinary circumstances; CourtHelp gives neglect or abuse, abandonment, a parent in prison, or other serious acts affecting the child as examples. For i to k, the form lets you say you do not know whether consent was given.

Common mistake

Skipping g or h because a parent has not responded. Without consent, the items ask for the extraordinary circumstances that support your standing.

Common pitfalls

What to file with GF-17

• UCCJEA-3: Affirmation - UCCJEA. The court system’s form for the statement Domestic Relations Law § 76-h requires; its header prints “D.R.L. § 76-h” and the revision 1/2024. It asks for five years of the children’s addresses and caregivers, other custody cases, pending proceedings, and non-parties with custody or claims to it. Attach it, or another affidavit with the same information, when paragraph 4 does not cover five years; the clerk can tell you which your court wants.
• GF-40: Petition for Modification of Order of Custody or Visitation. Instead of GF-17, if a New York court has already entered a custody or visitation order you want changed, as footnote 1 says. Read the GF-40 walkthrough.
• GF-41: Petition for Enforcement of Order of Custody or Visitation Made by Supreme Court or Family Court. Instead of GF-17, if a New York order exists and is not being followed. Read the GF-41 walkthrough.
• UCCJEA-1: Petition for Custody/Visitation - UCCJEA. Instead of GF-17, if a custody or visitation case is pending in, or an order was issued by, a court outside New York, including a Native American tribunal, as footnote 1 says.
• Form 8-2: Petition - Family Offense. A separate petition, not an attachment. Paragraph 13b asks for a temporary order of protection within the custody case under Family Court Act § 655; a family offense case is its own proceeding with its own petition.
• GF-18: Order Directing (Custody) (Visitation). Not filed by you. It is the order form listed with GF-17 on the court system’s custody forms page.

CourtHelp says it is free to file a custody petition in Family Court, and that the court might also ask for documents such as photo identification, the children’s birth certificates or proof of income, so ask the clerk what your court needs. It also says every Family Court has a Help Center, and that before the hearing it helps to submit the Affidavit of Service and documents such as old court orders, photographs, police reports, receipts, bank statements and school records.

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