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To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.
A petition is a written request to the court for relief from a legal problem. A petitioner is a person who files the petition; the respondent is the person who responds to the petition.
New York child custody laws used to presume that the mother should have custody and be a better choice as a custodial parent. These laws changed many years ago. Neither parent has a better chance of getting custody in New York, which means that a father can get custody.
FL-341 Child Custody and Visitation (Parenting Time) Order Attachment.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
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People also ask

Its important to note that just because an unwed mother automatically has sole legal and physical custody of her child upon birth, that doesnt mean it cant change.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
You can respond by filing a Response (form FL-120) in court. If you dont file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default.
New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements. Both legal custody and physical custody must be addressed.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.

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