New York Family Court Filing Checklist
Court: Family Court, [________________________________] County
Docket Number: [________________________________]
Petitioner: [________________________________]
Respondent: [________________________________]
Filing Attorney: [________________________________]
Date Prepared: [__/__/____]
I. Family Court Jurisdiction
Cases Handled by Family Court
☐ Custody and visitation
☐ Child support
☐ Family offense (order of protection)
☐ Paternity
☐ Juvenile delinquency
☐ PINS (Persons in Need of Supervision)
☐ Child abuse/neglect
☐ Guardianship
☐ Adoption
NOT in Family Court
☐ Divorce (Supreme Court only)
☐ Property division
☐ Spousal support (except incidentally)
II. Petition Filing
Required Petition
☐ Appropriate petition form
☐ Verified (signed under oath)
☐ All required information
☐ Supporting documents
Common Petitions
☐ Petition for Custody/Visitation
☐ Petition for Support
☐ Petition for Order of Protection
☐ Petition to Establish Paternity
III. UCCJEA (Custody Cases)
☐ Declaration Under UCCJEA
☐ Child's home state determined
☐ Prior custody orders identified
IV. Filing Fee
☐ Filing fee (if applicable)
☐ Many petitions have no fee
☐ Poor Person Application if needed
V. Service of Process
☐ Personal service on respondent
☐ Service of petition and summons
☐ Affidavit of Service filed
VI. Appearance and Hearing
☐ First appearance date: [__/__/____]
☐ Bring all relevant documents
☐ Witnesses identified
Temporary Orders
☐ Temporary custody
☐ Temporary support
☐ Temporary order of protection
VII. Support Cases
Child Support Calculation
☐ Child Support Standards Act (CSSA)
☐ 17% of income for 1 child
☐ 25% for 2 children
☐ Higher percentages for more children
☐ Income verification required
VIII. Order of Protection
Types
☐ Full Order of Protection
☐ Limited Order of Protection
☐ Temporary Order of Protection
Allegations
☐ Family offense defined
☐ Harassment, assault, etc.
☐ Evidence supporting allegations
Sources and References
- NY Family Court Act: https://www.nysenate.gov/legislation/laws/FCT
- NY Courts Family Court: https://ww2.nycourts.gov/courts/family.shtml
Prepared by: [________________________________]
Date: [__/__/____]
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