How to Fill Out Common Family Court Forms

There are many different forms you might need to fill out for a case in Family Court. This guide will help you understand some of the most common Family Court forms and give you tips on how to fill them out.

Different cases and situations need different forms. Below are some of the most common forms in New York Family Court.

A petition is the form you use to start a case in Family Court. You use this form to tell the court:

• The facts of your case;
• What you are asking for; and
• Why the court should give you what you are asking for.

There are different kinds of petitions:

• Initial petition: To start the case
  Example: to ask for child support or custody
• Modification petition: To ask for a change in an existing court order
  Example: to ask for a different visitation schedule or a change in child support
• Violation petition: To let the court know that the other party is not following the court order
  Example: to tell the court the other party missed child support payments or did not return the child from a visit

Note

Modification and violation petitions generally are used for final orders.

A motion is when you ask the court to do something in your existing case. A motion can be oral (said in court) or written (usually on or before the next court appearance).

A written motion typically includes two documents: the 1) Notice of Motion and 2) Affirmation in Support.

• The Notice of the Motion gives the other party notice that you are filing a motion and when to appear in court.
• The Affirmation in Support explains to the court the reason you are filing and why the court should grant your request.

If the other party files a motion you do not agree with, you can file an Affirmation in Opposition. This will include an affirmation explaining why you think the motion should not be granted. For more information, see our guide on “Motions.”

An Order to Show Cause is an emergency motion. You can use an Order to Show Cause when you need immediate help from the court or a sooner court date. Sometimes the clerk at the Family Court may tell you whether you need to file an order to show cause or a motion.

Use short, simple sentences to explain the situation. You do not need to tell your whole family history. For example:

• “I am the primary parent. My child’s father has not seen her in six months.”
• “The respondent has not paid any child support since January 2025. He currently owes me $1,500.”

Be clear and specific about what you are asking the court to do. Write in short, easy-to-read sentences. For example:

• “I am seeking sole physical and legal custody of the children.”
• “I am asking for a change in the visitation schedule, including overnight visits.”

Clearly state the reason for your request. These reasons vary depending on what you are asking for. For example:

• If you are filing a custody petition, make sure to explain why the custody arrangement you seek is in the best interests of the child. The court will look at many factors when figuring out what is in the child’s best interests. Some examples can include the current parenting arrangement, each person’s ability to care for the child, substance abuse or domestic violence, and what the child wants.
• If you are filing a child support modification petition, be sure to state the reasons for your request. In New York, there are three grounds, or legal reasons, for a modification of child support: (1) either parent’s income has changed by 15% or more since the last child support order; (2) 3 years have passed since the last child support order was made; or (3) there was a substantial change in circumstances.

Always sign and date your forms. Check to make sure your forms do not need to be notarized.

Include the docket and file numbers on your case if you have them.

Use paragraphs, bullet points, or numbers to keep your points organized. Your forms should be easy for the court to read and understand.

Do not worry about specific dates if you do not know them. You can write things like “approximately six times” or “on or around September 2024.”

This depends on what you are filing:

• If you are filing a petition, you usually do not need to attach evidence. You will have a chance to give your evidence to the court later in the case.
• If you are filing a motion or opposition to a motion, you can attach any evidence you have. Evidence can help support your case and what you want the court to do. Examples might include a letter from a doctor or school, photos, records, or bank statements. You can label this evidence as exhibits at the bottom (for example, Exhibit A, Exhibit B). Or, you can put a blank piece of paper in between the exhibits and write Exhibit A, Exhibit B, etc. You can attach as many as you need.

Keep in mind that every case is different. You may not need exhibits. Sometimes what you write in the motion is enough. Or, you can explain why you do not have evidence (for example, “The other party took my papers.”).

Note

Attaching exhibits to a motion is not the same as having evidence admitted at a hearing or trial. Evidence rules do not apply when submitting exhibits with a motion. To learn how to properly admit evidence in court, see our “Evidence” guide.

Our Guided Court Forms walk you step-by-step through this process. Answer simple questions in plain language and receive a completed form that is ready for you to file with the court. Click here to learn more!

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.