Legal Family Law Forms

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Commonly Asked Questions about Legal Family Law Forms

How to file for emergency custody in NY?

Forms are available at .nycourts.gov or at the Family Court Clerks office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. In such cases, a Judge reviews the petition and makes a determination of how best to protect the child.

How to put someone on child support in New York?

Download the Child Support Application (Form LDSS-3433) from the New York State Child Support website. Complete the form, attach all required documents, and mail it to the appropriate Child Support Office. Regardless of the filing method chosen, accurately complete the Child Support Application (Form LDSS-3433).

How do I file a petition for child support modification in NY?

Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.

Is child support public record in NY?

The court records of Family Court proceedings are not open to public inspection. However, the court may permit access to records where appropriate.

What is an emergency order to show cause in NY Family Court?

There is a process for making a motion without giving notice. This type of motion is called an Order to Show Cause. This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

Do I need an attorney to file for child support in NYS?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer. Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

How do I file a child support petition in NY?

Filing a Child Support Case Child support cases are usually started in Family Court in the county where the child lives. There is no filing fee in Family Court. After a child support petition is filed, the other side must be served a summons, the petition, and the financial disclosure form.

How do I serve child support papers in NY?

If you filed the petition, someone other than you must serve the papers to the other party. This individual must be over the age of 18 years old and cannot be a party to the case (e.g., a child). If you prefer, you can also hire either a Process Server or the New York City Sheriffs Office to serve the papers.