To file for custody in New York, you file a custody petition in the Family Court of the county where the child lives. There is no filing fee in Family Court. After you file, the court serves the other parent, schedules a first appearance, and — if the parents cannot agree — may appoint an attorney for the child and set the case for conferences and, eventually, a hearing. If custody is part of a divorce, it is handled in Supreme Court instead.
Custody cases between unmarried parents, or between parents who are separated but not divorcing, start in New York Family Court. You begin by filing a custody (or custody and visitation) petition in the county where the child resides. Family Court does not charge a filing fee, which makes it accessible without a lawyer, though many parents still choose to be represented.
After filing, the other parent must be served with the petition and a notice to appear. At the first court date, the judge or court attorney referee will ask whether the parents can agree. Many cases resolve by agreement, which the court can put into a binding order. If they cannot agree, the case moves forward.
In contested cases, New York courts routinely appoint an Attorney for the Child (sometimes called a law guardian) to represent the child’s interests. The court may order a forensic evaluation, hold conferences to narrow the issues, and ultimately set a hearing where each parent presents evidence and testimony before the judge decides.
Because the process has deadlines, service requirements, and procedural steps, parents often consult a New York custody attorney — especially in contested cases — to make sure the petition is framed correctly and the evidence is presented effectively.
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Where do I file for custody in New York City?
You file a custody petition in the Family Court of the borough where the child lives — New York (Manhattan), Kings (Brooklyn), Queens, Bronx, or Richmond (Staten Island) County Family Court.
Is there a fee to file for custody in New York?
No. New York Family Court does not charge a fee to file a custody or visitation petition.
Do I need a lawyer to file for custody in New York?
No, you can file on your own, and Family Court is designed to be accessible. Many parents still retain a custody attorney, particularly when the case is contested or the other parent has counsel.