How to File a Custody or Visitation Petition in New York

The form: General Form 17

A new custody or visitation case in New York Family Court starts with a petition. The statewide form is General Form 17 (GF-17), Petition (Custody, Visitation), revision 1/2026. The person who files is the petitioner; the other side is the respondent.

What GF-17 asks you to tell the court

The petition is verified: you affirm under the penalties of perjury that its statements are true to your own knowledge, except those stated on information and belief. It asks for:

• Each child's name, gender, date of birth, current address and the person the child lives with
• Your address and the respondent's, and each party's relationship to the child
• Where and with whom the child lived in the prior two years, if the child has been at the current address or with the current person for two years or less
• Active military duty or recent return, if that applies
• How the child's father is legally established, or that he has not been
• Any other custody litigation you took part in, and any custody case pending in New York or elsewhere
• Any custody agreement already in place
• Why it would be in the child's best interests for you to have custody or visitation (paragraph 12)
• Any existing order of protection, and whether you are asking for a temporary order of protection under Family Court Act § 655
• Any previous application for the same relief

See GF-17 paragraph by paragraph, with the printed form beside it.

Step by step

1. Prepare the petition. CourtHelp advises writing down as many details as possible about what you are asking for and why. The court may also need other documents, such as photo ID or the children's birth certificates; ask the clerk.
2. File in Family Court in the county where the child lives. CourtHelp states that it is free to file a custody petition in Family Court. When the petition is filed, the clerk assigns a docket number and prints a summons with your court date.
3. Serve the respondent. The summons and petition must be delivered to the other side. If a non-parent is filing, CourtHelp says both parents must be served. You cannot deliver the papers yourself. See the service guide.
4. Go to court on the date in the summons. If both sides agree, the judge can enter a custody order on consent. If not, the judge holds a hearing. Some courts may also offer mediation.

Filing in Supreme Court instead

If you are married and a divorce is being filed, CourtHelp notes that custody can be requested as part of the divorce in Supreme Court, and the custody order becomes part of the divorce judgment. GF-17 is the Family Court petition.

What the court system does not provide

The New York courts offer free DIY Form programs for modifying or enforcing a custody or visitation order, but the court system's list of Family Court DIY programs does not include one for a new custody petition. The GF-17 form itself is available from the court system's forms pages.