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Commonly Asked Questions about Legal Family Forms

A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be emancipated and the parents support obligation ends.
To begin the process of changing your custody order, you will need to fill out the forms for a Petition for Modification of an Order of Custody/Visitation. You can file this Petition for Modification of an Order of Custody/Visitation through the NY Courts website or in the courthouse in the county or borough where
Abuse, Neglect, Abandonment and Interference with visitation rights. Evidence that one parent abused, neglected or abandoned the child will affect custody, with the parent who committed such acts against the child being less likely to receive custody.
Abuse Any evidence of emotional, physical, verbal, or sexual abuse will render a parent unfit. Neglect Neglect, also referred to as abuse by omission, can include failure to provide adequate care. This can consist of inadequate nutrition, shelter, supervision, and clothing.
Factors Considered for Substantial Change of Circumstances: Parental Unfitness: Evidence of a parents unfitness due to factors such as abuse, neglect, substance abuse, or mental illness may constitute a substantial change of circumstances.
Some of these substantial changes could include remarriage, job loss, criminal conduct or a change in lifestyle. The judge may also be willing to hear requests from children over the age of 12 who want to spend more time with one parent.
Either parent may be eligible to stop a child support order if they can check at least one of the boxes:  The parent who owes child support is incarcerated with no chance of parole or is institutionalized.  Custody of the child has changed.