How to modify child custody and parenting time in New York

Sources last checked 3 November 2026. Information only, not legal advice.

New York divorce kitModifying child support or alimony in New YorkAfter your divorce: changing a support or custody order

The short version

In New York you ask the court to change a custody or visitation order by filing a petition. The court’s own form is General Form GF-40, Petition for Modification of Order of Custody or Visitation, Family or Supreme Court. The copy we read is dated “(4/2025)” in its header and cites F.C.A. sections 651 and 652. It has boxes for custody, visitation, and whether the petition is made in Family Court or Supreme Court. Its footnote says that if the order was entered by a court outside New York State or a tribal court, you use Form UCCJEA-9 instead.

What must be shown

  • In Family Court, Family Court Act section 652. Where the order came from a divorce, separation or annulment case, section 652(b)(ii) lets the Family Court decide an application to modify the order awarding custody or visitation upon a showing that there has been “a subsequent change of circumstances” and that “modification is required”. Section 652(a) uses the same showing where the Supreme Court has referred the matter to the Family Court. Section 652(b) does not apply if the Supreme Court provided in its order or judgment that it may be modified only in the Supreme Court.
  • In the court that handles the divorce, Domestic Relations Law section 240(1)(a). The court enters custody orders as, in its discretion, “justice requires”, having regard to the circumstances of the case and of the parties and to the best interests of the child. The section says the direction may be made in the final judgment or by orders “from time to time before or subsequent to final judgment”. We read subdivision 1(a) only, and this page does not state a change-of-circumstances requirement from section 240.
  • What the court’s form asks. Paragraph 8 asks you to state, upon information and belief, that since the order or judgment “there has been a change of circumstances” and to specify it. Paragraph 9 asks you to say how the order “should be modified as follows”.

What the form asks for

  • Your relationship to the child or children, and whether you are asking to modify custody, visitation or both.
  • The home addresses of you and the respondent. A footnote says this need not be given where the address is ordered confidential under Family Court Act section 154-b, and points to Forms GF-21 and GF-21a.
  • The court, county and index or docket number of the case in which the order was made.
  • A military-service paragraph, which is used only if you or the respondent is on active duty or has recently returned from it.
  • The names, addresses and dates of birth of all children affected by the order.
  • If the Supreme Court issued the order, a statement that under the terms of the judgment or order the Supreme Court “has not retained exclusive jurisdiction” to modify it.
  • A paragraph that applies only where a relative or other non-parent seeks to modify custody and a child protective petition or permanency hearing report has been filed.
  • A statement of whether any previous application was made for the same relief.
  • A request that the order be modified as set out in the petition, a signature (with the attorney’s details if you have one), and a verification affirmed under the penalties of perjury.

Before you file

What we could not confirm

  • Filing fee, filing method, notice and service. The form itself states none of these, and we did not read the court’s instructions for it. This page states no fee, no service rule and no deadline.
  • Hearing procedure. We did not read anything on how or when a modification petition is heard.
  • The standard the courts apply. We read the statutes and the court’s form only. We did not read case law, so we do not say how courts weigh a change of circumstances against the child’s best interests, or what level of change counts.
  • Which court to use. Whether your petition belongs in Family Court or Supreme Court depends on how your original order was made. We did not read the rules that decide this beyond the text of section 652 quoted above.
  • Parts of the form. We read the form’s header and its paragraphs on the relationship, addresses, prior case, military service, children, Supreme Court jurisdiction, change of circumstances, requested change, non-parent cases, prior applications and verification. We did not read every line of its paragraph 5.

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