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Navigating the complexities of child custody and visitation can be a daunting process for any parent or guardian. The Petition For Modification NY GF 17 form serves as a vital document for individuals seeking to alter existing custody or visitation arrangements in New York. This form is employed when a party wishes to request changes to custody or visitation orders already in place. It caters to a myriad of situations, encompassing everything from changes in the living situations of the involved parties to the health or safety concerns of the children. When filling out the form, petitioners will need to provide critical information, including their relationship to the child, specifics regarding the child's current living arrangements, and the circumstances that make the modification necessary. Furthermore, the form allows for the inclusion of details related to any ongoing legal matters, such as previous custody arrangements or related litigations, ensuring the court has a comprehensive understanding of the situation at hand. The ultimate goal of this form is to facilitate a legal environment that prioritizes the best interests of the child, fostering a stable and supportive framework for their upbringing.

Petition For Modification Ny Gf 17 Example

FCA §§ 467, 549, 651, 652,654; DRL §§75-l, 2401

General Form 17

 

(Petition-Custody, Visitation)

 

10/2012

FAMILY COURT OF THE STATE OF NEW YORK

 

COUNTY OF

 

.....................................................................................

 

In The Matter of a Proceeding for

 

“Custody “Visitation under Article “4 “5 “6

 

of the Family Court Act or Section 240

 

of the Domestic Relations Law

 

Petitioner

Docket No.

Relationship to child:

PETITION

 

“ CUSTODY “ VISITATION

-against-

 

Respondent

 

Relationship to child:

 

.......................................................................................

 

TO THE FAMILY COURT:

 

The Petitioner respectfully alleges upon information and belief

that:

1.The name, gender, current address and date of birth of each child who is the subject of this proceeding are as follows [specify address or indicate if ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

Name

Gender Date of Birth

Current Address

Name of Person

 

 

 

with Whom Child Resides

2. a. Petitioner,, [check applicable box]: “ resides “ is located at [specify address or indicate if ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

b. Petitioner is [specify relationship to child; if foster parent, agency, institution or other relationship, so state]:

3. a. Respondent ,, [check applicable box]: “ resides “ is located at [specify address or indicate if ordered to be confidential, pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

b. Respondent is [specify relationship to child; if foster parent, agency, institution or other relationship, so state]:

4.[DELETE if inapplicable and SKIP to ¶5] (Upon information and belief) For any child listed

1Note: If a custody or visitation proceeding is pending in, or an order of custody or visitation has been issued by, a court outside of the State of New York, including a Native-American tribunal, the custody/visitation petition for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, Form UCCJEA-1 should be utilized instead of this form. If a prior order of custody or visitation had been entered by a Court of this State, the petition for modification or enforcement, General Forms 40 or 41, should be used instead of this form.

General Form 17 Page 2

in ¶(1) above who resided at the current address and/or with the current person for two years or less, specify where and with whom the child lived during the two years prior to that time [specify address or indicate if ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

Name of Child

Child’s Address

Duration

Name of Person

Current Address

 

 

(from/to)

With Whom Child

of the Person With

 

 

 

Resided

Whom Child Resided

5.[Applicable when Petitioner and/or Respondent is on active military duty or has recently returned from active military service; check box(es) if applicable, or if not, SKIP to Paragraph 6]:

a. “ Petitioner is on active duty, deployed or temporarily assigned to military service as follows [specify type of service, military branch or National Guard unit, anticipated dates and location of duty and how duty is likely to affect custody or visitation, if at all]:2

Petitioner returned from active duty, deployment or temporary assignment to military service as follows [specify date of return, type of service, military branch or National Guard unit and how return from duty is likely to affect custody or visitation, if at all]:

b“ Respondent is on active duty, deployed or temporarily assigned to military service as follows [specify type of service, military branch or National Guard unit and how return from duty is likely to affect custody or visitation, if at all]:3

Respondent returned from active duty, deployment or temporary assignment to military service as follows [specify date of return, type of service, military branch or National Guard unit, anticipated dates and location of duty and how duty is likely to affect custody or visitation, if at all]:

6.[Delete if inapplicable and SKIP to Paragraph 4]:

County, State of, referring the issue of Court of the State of New York in and for the County of [specify]:

An order was issued by

Court,

“ custody “ visitation

to the Family

7.[Check applicable box(es). Delete inapplicable provisions]:

a. “ The father of the child(ren) who (is)(are) the subject(s) of this proceeding is [specify]:

The father was married to the child(ren)’s mother at the time of the conception or birth.

An order of filiation was made on [specify date and court and attach true copy]:

“ An acknowledgment of paternity was signed on [specify date]:

by

[specify who signed and attach a true copy]:

 

The father is deceased.

b. “ The father of the child(ren) who (is)(are) the subject(s) of this proceeding has not been legally established.

2 Inapplicable if Petitioner is based at a permanent duty station or has had a permanent reassignment of station.

3Inapplicable if Respondent is based at a permanent duty station or has had a permanent reassignment of station.

General Form 17 Page 3

c. “ A paternity agreement or compromise, pursuant to former Family Court Act §516,4 was approved by

the Family Court of

County on

,

, concerning [name parties to

agreement or compromise

and child(ren)]:

 

 

A true copy of the agreement or compromise is attached to this petition.

 

8.[Applicable to cases in which either parent is not a party; if not applicable, SKIP to Paragraph 9]: The name and address of a parent or parents who are not parties to this proceeding are: [specify; indicate if deceased or if address(es) ordered to be kept confidential pursuant to Family Court Act §154-b(2) or Domestic Relations Law §254]:

9.[Delete if inapplicable and SKIP to Paragraph 10]: Petitioner has participated as a “ party

“ witness “ other capacity [specify]:

in other litigation concerning the custody of

the same children in “ New York State

“ Other jurisdiction [specify]:5

 

 

If so, specify type of case, type of participation, court, location and status of case.

 

10. a. A custody or visitation proceeding concerning the same child(ren)

“ is

“ is not pending in

New York State. [If pending, give court docket number and status of case]:

 

 

b. A custody or visitation proceeding concerning the same child(ren)

“ is

“ is not pending in

a jurisdiction outside New York State. [If pending, specify where, court docket number and status of case]:

11.[Delete if inapplicable and SKIP to Paragraph 12]: The custody or visitation of the child(ren) has been agreed upon in the following custody, separation or guardianship agreement, dated [specify, and attach copy]:

12.[Delete if inapplicable and SKIP to Paragraph 13]:

a. “ Petitioner

Respondent obtained custody of the child(ren) on [specify date]:

, as follows:

b. “ Petitioner

“ Respondent obtained visitation with the child(ren) on [specify date]:

,as follows:

13.It would be in the best interests of the child(ren) for Petitioner to have “ custody “ visitation for the following reasons [specify]:

14.[Delete if inapplicable and SKIP to Paragraph 15]:

a. An Order of Protection or Temporary Order of Protection was issued [check applicable

box(es]: “ against Respondent “ against me in the following criminal, matrimonial and/or Family Court

4The agreement or compromise must have been signed prior to the repeal of FCA §516 on May 19, 2009.

5If litigation occurred in Native-American tribunal, so indicate.

4 General Form 17 Page 4

proceeding(s) [specify the court, docket or index number, date of order, next court date and status of case, if available]:

The “ Order of Protection “ Temporary Order of Protection expired or will expire on [specify date ]:

b. Petitioner requests a Temporary Order of Protection pursuant to Family Court Act §655 because [specify]:

15.[Applicable where one or more parties are not parents of the child(ren); DELETE IF

INAPPLICABLE and SKIP to Paragraph 16]]: The subject child(ren) “ are “ are not Native- American child(ren) who may be subject to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963).

16.[Applicable where a child abuse, child neglect or destitute child petition and/or a permanency hearing report has been filed regarding the child(ren) and in which petitioner is a relative or other non-parent or a parent who is not a respondent; DELETE IF INAPPLICABLE and SKIP to Paragraph 17]:

a. “ A child protective petition, Docket # [specify]:

, was filed in Family

Court, [specify county]:

on [specify date]:

alleging that [specify names of

respondents on that petition]:

 

 

neglected or abused the above-named child(ren). The petition resulted in [specify whether finding was made and, if so, the disposition; if the disposition has been adjourned pending a consolidated hearing with this petition, pursuant to F.C.A. §1055-b, so indicate and give next court date]:

b. “ A destitute child petition, Docket # [specify]:

, was filed in Family Court,

[specify county]:

on [specify date]:

. The petition resulted in [specify

whether finding was made and, if so, the disposition; if the disposition has been adjourned pending a consolidated hearing with this petition, pursuant to F.C.A. §1096, so indicate and give next court date]:

c. “ A permanency report, Docket # [specify]:

, pursuant to Article 10-A of

the Family Court Act, was filed in Family Court, [specify county]:

on [specify date]:

indicating a permanency plan of custody of the child(ren) with Petitioner in this proceeding. The

permanency hearing was adjourned to [specify date]:

pending a consolidated hearing with this

petition, pursuant to F.C.A. §1089-a.

 

d. The child’s birth mother “ has “ has not consented to the award of custody to the Petitioner. If not, the following extraordinary circumstances support Petitioner’s standing to seek custody of the child(ren) [specify]:

e. The child’s legally-established birth father “ has “ has not consented to the award of custody to the Petitioner. If not, the following extraordinary circumstances support Petitioner’s standing to seek custody of the child(ren) [specify]:

5 General Form 17 Page 5

f. The child has been living with the following foster parent(s)[specify]:

since [specify date]: The foster parent(s) “ has/have “ has/have not consented to the award of custody to the Petitioner. [If unaware whether they have consented, so state]:

g. The local department of social services [specify]:in the related “ child abuse or neglect “ destitute child “ permanency proceeding “ has “ has not consented to the award of custody to the Petitioner. [If unaware whether they have consented, so state]:

g. The attorney for the child(ren) [specify]:

in the related

“ child abuse or neglect “ permanency proceeding “ has “ has not

consented to the award of custody

to the Petitioner. [If unaware whether they have consented, so state]:

 

17.No previous application has been made in any court, including a Native-American tribunal, or to any judge for the relief herein requested, (except:

WHEREFORE, Petitioner requests an order awarding “ custody “ visitation of the child(ren) to the Petitioner and for such other and further relief as the Court may determine.

Dated:

____________________________

Petitioner

____________________________

Print or type name

____________________________

Signature of Attorney, if any

____________________________

Attorney’s Name (Print or Type)

____________________________

____________________________

Attorney’s Address and Telephone Number

 

VERIFICATION

STATE OF NEW YORK

)

 

:ss:

COUNTY OF

)

being duly sworn, says that (s)he is the Petitioner in the above-named proceeding and that the foregoing petition is true to (his)(her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters (s)he believes it to be true.

__________________________

Petitioner

Sworn to before me this day of

(Deputy) Clerk of the Court

General Form 17 Page 6

Notary Public

Form Characteristics

Fact Name Details
Governing Laws Family Court Act §§ 467, 549, 651, 652, 654; Domestic Relations Law §§ 75-l, 240
Form Number General Form 17 (Petition-Custody, Visitation)
Filing Purpose This form is used to request custody or visitation modifications.
Applicable Petitioner Petitioner is the individual requesting custody or visitation changes.
Confidential Information Addresses may be kept confidential under Family Court Act § 154-b(2).
Military Status Includes sections for petitioners or respondents who are on active military duty.
Prior Orders If prior custody or visitation orders exist, different forms are required.
Pending Proceedings Section 10 asks about ongoing custody or visitation cases in New York or elsewhere.
Verification The petitioner must verify the truth of the statements made in the form.
Best Interests Petition must state why the modification serves the best interests of the child.

Guidelines on Utilizing Petition For Modification Ny Gf 17

After completing the Petition For Modification NY GF 17 form, you will need to file it with the appropriate Family Court in your county. It is crucial to ensure that all information is accurate and that necessary supporting documents are attached. After submitting the form, a court date may be scheduled to address your request.

  1. Begin by writing the name of the county where you are filing the petition at the top of the form.
  2. Fill in the details about the child involved: name, gender, current address, and date of birth.
  3. Provide your information in section 2, including your current address and your relationship to the child.
  4. In section 3, fill in the respondent's details, including their address and relationship to the child.
  5. If applicable, complete section 4 regarding any previous addresses the child lived at for the past two years.
  6. For military-related cases, fill out section 5 detailing the military service status of both the petitioner and respondent, if applicable.
  7. In section 6, state if there has been a court order regarding custody or visitation issued by a court outside of New York.
  8. Check the appropriate boxes in section 7 to clarify the relationship status of the child's father.
  9. If applicable, provide information about non-party parents in section 8.
  10. Complete section 9 if you have participated in any other litigation concerning custody of the same children.
  11. In section 10, specify whether any custody or visitation proceedings are currently pending in or outside of New York, along with relevant details.
  12. If a custody agreement exists, provide information in section 11 and attach a copy.
  13. In section 12, indicate who obtained custody or visitation and provide the dates of those orders.
  14. Explain in section 13 why granting you custody or visitation would serve the best interests of the child.
  15. Complete section 14 if there are any protective orders in place and provide details.
  16. If applicable to your situation, fill in section 15 regarding Native American child status.
  17. In section 16, provide relevant information if you are a party concerning child neglect or a related case.
  18. In the final section, verify that no previous applications have been made regarding these matters.
  19. Sign and date the petition at the bottom, adding printed name and any attorney information if applicable.

What You Should Know About This Form

What is the purpose of the Petition For Modification NY GF 17 form?

The Petition For Modification NY GF 17 form is used when a parent or guardian wishes to change an existing court order regarding child custody or visitation. This might be necessary if there have been significant changes in circumstances affecting the child’s wellbeing or if one party believes that the current arrangement is no longer in the child’s best interest. By filing this petition, the person is formally requesting the Family Court to review and alter the existing custody or visitation orders.

Who can file a Petition For Modification using this form?

Any individual who has legal standing with respect to the child, such as a parent or legal guardian, can file the Petition For Modification NY GF 17. If a custody or visitation order has been established, then the individual seeking modification must demonstrate that they are a party to that order. The form is designed to ensure that the best interests of the child are considered in any modifications to custody or visitation agreements.

What information do I need to provide when filling out this form?

When completing the Petition For Modification NY GF 17 form, you will need to provide a range of information. This includes your name and contact information, details about the child or children involved, and the current custody arrangements. You will also need to explain why you believe the modification is necessary. It's important to provide clear and supporting reasons as to how the changes will benefit the child. Be prepared to include any previous court orders relevant to your situation, as well as any additional facts that support your request.

What happens after I submit the Petition For Modification?

After you submit the Petition For Modification NY GF 17 form to the Family Court, the court will schedule a hearing to consider your request. During the hearing, the judge will evaluate the reasons for the modification and may ask questions to both parties involved. Depending on the evidence and arguments presented, the court may either grant or deny the requested changes to custody or visitation. It’s advisable to be prepared to explain your case clearly and provided any documentation that supports your position.

Common mistakes

Filling out the Petition for Modification NY GF 17 form can be a challenging process, and small mistakes can lead to delays or complications in your case. Awareness of common errors can help ensure that the form is completed accurately.

One major mistake is neglecting to provide complete and accurate information about the child. Each child's name, gender, date of birth, and current address must be clearly stated. Incomplete information can lead to confusion and, in some cases, could even result in the dismissal of the petition. Always cross-check the details you have provided, ensuring they match official documents.

Another common error involves failing to indicate whether there are any pending custody or visitation proceedings in New York State or another jurisdiction. This information is vital for the court to determine how your case interacts with existing orders. If there are pending cases, the court needs to be aware of them to avoid conflicting orders.

Many people also forget to sign the verification section at the end of the form. This section is essential, as it affirms that the information provided is true to the best of the petitioner’s knowledge. Without this signature, the petition may be considered incomplete, which could delay the proceedings.

Some individuals might omit necessary supporting documents when submitting the petition. If there are agreements or prior orders related to custody or visitation, these should be attached to your petition. Missing documentation can raise questions or create problems later in the process, which can be easily avoided by ensuring that all relevant papers are included with your submission.

Another area that often causes complications is the selection of checkboxes throughout the form. Failing to accurately check the applicable boxes can lead to misunderstandings about what is being requested. It is crucial to read each section thoroughly and mark the options that correspond to your situation clearly.

Lastly, misinterpretation of the instructions can lead to simple mistakes that have significant consequences. It’s important to read the instructions carefully and seek clarification when necessary. Whether through official court resources, legal aid organizations, or trusted individuals experienced in family law, support is available to help navigate this process. Taking the time to avoid these common errors can contribute to a smoother experience in pursuing custody or visitation rights.

Documents used along the form

The Petition for Modification NY GF 17 form is essential for individuals seeking changes in custody or visitation arrangements within New York's Family Court system. It often works in conjunction with several other documents that help to clarify circumstances and the requests being made. Here’s a brief overview of some common forms and documents that may accompany this petition:

  • Notice of Petition: This document informs the other party about the scheduled court hearing and the nature of the request being made. It outlines the essential details such as the date, time, and location of the hearing.
  • Affidavit in Support of Petition: It provides supporting evidence or testimony regarding the requested modification. This document is generally prepared by the petitioner and may include facts about changes in circumstances of the child or parents.
  • Affidavit of Service: This is a declaration that confirms the other party has been properly served with the petition and any accompanying documents. It includes information about how and when service was made.
  • Child Custody Evaluation Report: If applicable, this report is generated by a qualified evaluator who assesses the family situation and makes recommendations regarding custody and visitation. The court may request this when complex issues arise.
  • Order of Protection: If necessary, this can be sought to protect the petitioner or the child from harm. It documents any threats or incidents that necessitate legal action for safety.
  • Financial Disclosure Form: This form provides an overview of the financial circumstances of the parties involved. It can be relevant in cases where financial support or expenses related to custody are being discussed.
  • Previous Custody Orders: Copies of existing custody or visitation orders may be required to establish what changes are being requested. These documents help the court assess the context of the current situation.

Gathering these documents thoroughly can significantly influence the court's decision. Each plays a vital role in presenting a clear and well-supported case that addresses the best interests of the child involved.

Similar forms

  • Petition for Custody (Form NY GC 17) - Like the Ny GF 17, this form initiates custody proceedings but focuses solely on the establishment of custody without modification aspects.
  • Motion to Modify Parenting Time - This document seeks changes in visitation arrangements, similar to the Ny GF 17, which addresses modifications in custody or visitation duties.
  • Uniform Child Custody Jurisdiction and Enforcement Act Form (UCCJEA-1) - Used when custody proceedings are taking place outside New York, paralleling situations where custody is in question as addressed in the Ny GF 17.
  • Order to Show Cause for Custody or Visitation - This document requests a court hearing regarding custody or visitation issues, much like the Ny GF 17 aims to resolve custody disputes.
  • Child Support Modification Petition - While focused on child support changes, it often overlaps with custody and visitation considerations in family law, mirroring the function of the Ny GF 17 in modifying arrangements.
  • Joint Custody Agreement - Similar in its intent to clarify custody issues, this document focuses on an agreement made between parents regarding their custody and visitation arrangements, akin to what might be modified in the Ny GF 17.
  • Temporary Order of Protection - Though it primarily addresses safety, it often ties into custody matters, reflecting common themes found in the Ny GF 17 concerning child welfare.
  • Application for Custody by Non-Parents - This form is used when individuals other than parents seek custody, detailing their relationship with the child, reminiscent of the inquiries made in the Ny GF 17.
  • Affidavit for Modification of Custody or Visitation - Similar in purpose, this document supports requests for changes in existing custody orders, paralleling the objectives of the Ny GF 17.
  • Paternity Acknowledgment Form - While primarily for establishing paternity, this can affect custody and visitation rights, echoing the relationship dynamics explored in the Ny GF 17.

Dos and Don'ts

When filling out the Petition For Modification (NY GF 17) form, it’s crucial to follow specific guidelines to ensure the process runs smoothly. Below is a list of dos and don’ts:

  • Do provide accurate information about the child’s name, gender, current address, and date of birth.
  • Do indicate your relationship to the child clearly.
  • Do check applicable boxes and provide details regarding any military service.
  • Do specify any previous custody or visitation arrangements that have been made.
  • Do sign and date the petition appropriately.
  • Don’t leave any section blank unless it’s inapplicable; this can delay the process.
  • Don’t provide misleading or false information, as this can lead to legal repercussions.
  • Don’t forget to attach required documents, such as agreements or court orders when necessary.
  • Don’t fail to verify your statements before signing; accuracy is key.
  • Don’t assume all information is confidential; clarify if you believe certain details should remain private.

Misconceptions

  • Not for custody matters: Many people believe that the Petition For Modification NY GF 17 form is only applicable for custody cases. In fact, it is also used for visitation modifications, providing a way for parents or guardians to adjust existing arrangements.
  • Only for New York residents: Some assume this form can only be filed by residents of New York. However, if the child or respondents have lived in New York for a sufficient period, the form can be utilized, even if the filer lives elsewhere.
  • Military service impacts: A common misconception is that service members cannot modify custody or visitation. The form allows military parents to communicate how their service affects arrangements, so they can still seek changes.
  • Need for legal representation: There is a belief that a lawyer must file the petition for modification. While having an attorney can be beneficial, parents can complete and submit the form independently.
  • Immediate changes: Some individuals mistakenly believe that filing this petition guarantees an immediate modification of custody or visitation rights. The court must evaluate the petition, which takes time to process and assess.
  • Prior agreements irrelevant: It is often thought that existing custody arrangements hold no weight during a modification process. On the contrary, the court considers prior orders and agreements when deciding on modifications.
  • Once filed, it cannot be withdrawn: Many assume that once they submit the form, they cannot change their mind. In reality, petitioners have the right to withdraw their request before a court decision is made.
  • Content vs. format: Some believe that the content of the form can be changed extensively. However, while the information may vary, the official structure and necessary sections must be maintained to comply with court requirements.

Key takeaways

Filling out and utilizing the Petition for Modification NY GF 17 form efficiently requires attention to detail. Below are key takeaways to consider:

  • Identification of the Parties: Clearly identify the petitioner and respondent, including their relationships to the child in question.
  • Child’s Information: Provide comprehensive details about each child involved, such as name, gender, and date of birth. Ensure current and previous addresses are noted, particularly if confidentiality is required.
  • Military Service Considerations: If either party is active in the military, include relevant details about their service, as it may impact custody or visitation arrangements.
  • Existing Agreements and Orders: Indicate if there are any prior custody or visitation orders. This information is critical for establishing the context of the modification request.
  • Best Interests of the Child: Articulate the reasons supporting why the modification will be in the best interests of the child. This is a pivotal component of the petition.
  • Verification of Claims: Ensure the petition is sworn to, verifying the accuracy of the information presented. Misrepresentation can have legal repercussions.