New York Family Court Filing Checklist

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: [__/__/____]