Instructions for Filing a Petition in Family Court
The petition & information sheet must be completed in its entirety. Use black ink and print legibly.
If you are filing a modification or enforcement petition, you must attach a copy of the applicable order or judgment of divorce if it based on an order that is not a Madison County Family Court order. If you do not have a copy, you may obtain one from the county where the order was established. In the case of a judgment of divorce, you may contact the county clerk's office or the attorney who handled the matter. There will be a charge by the county clerk's office for copies. You must have identification when making your request in person. If making request via email, please include a copy of your photo ID (front & back) and we will email your documents to you via encrypted email.
Your petition must be notarized. You must have proper identification for notarization.
You may mail your completed petition with attachments and the information sheet to:
Schuyler County Family Court
105 9th Street, Unit 35
Watkins Glen, NY 14891
Or, file it in person at the Family Court Clerk's office.
Or, file via Electronic Document Distribution Service (EDDS) (See EDDS Manual) OR NYSCEF
Filing of A Modification Petition - It is very important that you set forth the change of circumstance in detail and with specifics. In addition, you must explain what effect your current situation has on the existing order, and state what relief you are now seeking. Please note that Section 451 of the Family Court Act requires, in part, that upon an application to modify, to set aside, or vacate an order of support, no hearing shall be required unless such application shall be supported by affidavit and other evidentiary material sufficient to establish a sufficient case from the reading of the petition. Documentation must be supplied to show change since the entry of the order. For example, copy of lay-off or termination notice, disability claim, pay stubs indicating current income, a doctor's note regarding your medical status, a copy of your unemployment book, etc.
Filing a Petition for Custody/Visitation - If the parties in an original custody/visitation petition are not related by blood or marriage (not the same last name), proof of paternity must accompany the petition being filed, i.e. acknowledgment of paternity (signed by both parents) or birth certificate (with the names of both parents), or an order of filiation from a court proceeding.
Filing a Petition for a Family Offense (Temporary Order of Protection) – It is very important to complete petition in detail. IE: Full names, addresses and detailed allegations with time-lines if possible. Do not attaching anything to Family Offense petitions – all allegations contained in any attachments are to be noted in your petition. Please complete information sheet with detailed information about both parties’, with FULL descriptions, dates of birth, place of employment, etc.
The staff of the Family Court Clerk's Office cannot provide legal advice as to the sufficiency of your petition. It is your responsibility to complete the petition accurately and in its entirety. If your petition is determined by the court to be insufficient, your petition could be dismissed.
If you are unable to complete the petition as required, seek the advice of an attorney.