Filing for Custody Without a Lawyer in New York

You Can File Without a Lawyer

New York Family Court was designed to be accessible to people without attorneys. There are no filing fees for custody or guardianship petitions. The forms are free on the NYS Courts website. Many courthouses have help centers staffed by court employees who will walk you through filling out your forms. You're not required to have a lawyer at any stage.

That said, "accessible" and "easy" aren't the same thing. The process involves unfamiliar legal terminology, specific procedural requirements, and hearings where the judge evaluates sworn testimony. Going in prepared makes a significant difference in how smoothly your case proceeds.

What Self-Help Resources Are Available

CourtHelp (nycourts.gov). The official NYS courts portal has downloadable forms, instructions, and an online tool called "DIY Form" programs for certain petition types. It's the first place to start.

Family Court Help Centers. Most Family Court locations have on-site help desks where court staff assist self-represented litigants with completing petition forms. In New York City, the help centers see a high volume of kinship cases and are experienced with guardianship forms. Staff can help you fill out forms but cannot give legal advice — they can't tell you whether to file for custody versus guardianship or how to argue your case.

Court-appointed counsel. If you're a parent in a custody dispute, you have a right to free counsel under FCA § 262 if you meet income requirements. If you're a non-parent relative petitioning for guardianship or custody, your right to assigned counsel is more limited — FCA § 262(a)(iv) provides for counsel in specific contested circumstances, but it's not automatic. Ask the clerk about eligibility at filing.

The Pro Se Filing Process Step by Step

1. Choose your court. For most kinship caregivers, Family Court is the right choice. No filing fees, accessible help centers, and experience with non-parent cases. Surrogate's Court is appropriate when a minor has inherited property that needs a guardian to manage it (the person-only filing fee is $20).

2. Get and complete your forms. For a guardianship petition: Form 6-1 (the petition), Form 6-2 (the proposed guardian's oath and designation for service of process), Form 6-3 if the child is over 14 or the subject is over 18, Form 6-4 if a parent or other legally responsible person consents or waives service, and OCFS-3909 (background check). For a non-parent custody petition: Form CUC-1.

3. Gather supporting documents. Child's birth certificate, death certificates if applicable, proof of residency, any existing court orders, and identification for background checks.

4. File the petition. Submit your completed forms to the clerk. The clerk reviews them, assigns a docket number, and schedules a first appearance date. NYC boroughs use central petition processing units; upstate counties may handle intake at the clerk's window.

5. Serve the respondent parents. You must have someone over 18 who is not a party to the case personally serve the petition on each parent. The server fills out a proof of service affidavit, which you file with the court before your first appearance.

6. Attend the hearing. Show up on time with your filed documents, proof of service, identification, and any supporting evidence. The judge will confirm service was completed, address any immediate issues, and schedule next steps — background checks, a home study, and the hearing date.

Practical Tips for the Courtroom

• Dress respectfully. Business casual is fine. No hats, no inappropriate graphic clothing.
• Bring multiple copies. Have at least three copies of every document — one for the judge, one for the other party, one for you.
• Speak directly and factually. The judge wants to know what happened, when, and what the child needs. Avoid long narratives about family history that don't relate to the child's situation.
• Don't bring the child unless the judge specifically requests it. If the judge wants to hear from the child, an in-camera interview (Lincoln hearing) will be scheduled with the Attorney for the Child present.
• Don't interrupt. When the other party is speaking, wait your turn. The judge will give you an opportunity to respond.

When You Should Get a Lawyer

Filing pro se works well in agreed cases where both parents consent to the guardianship. It gets harder in these situations:

• The case is contested. A parent is fighting the petition, has their own lawyer, and will challenge your evidence at a fact-finding hearing. The extraordinary circumstances standard requires you to present admissible evidence in a structured way — understanding rules of evidence and cross-examination helps.
• Interstate issues. If the child or a parent lives in another state, UCCJEA jurisdiction rules add a layer of complexity that benefits from legal guidance.
• ACS or child protective involvement. If there's an active Article 10 proceeding, the intersection between protective proceedings and your guardianship petition can be procedurally complex.
• Property guardianship. Managing a minor's inherited money or assets involves bonding, accounting, and fiduciary duties that merit legal counsel.

If you need a lawyer but can't afford one, contact LawHelpNY (lawhelpny.org) or the Legal Aid Society for income-eligible representation. The NYS Kinship Navigator (1-877-454-6111) can also connect you with kinship-specific legal clinics.

Our Guardianship and Custody Court Process Guide is built specifically for people navigating this process without an attorney — step-by-step filing instructions, document checklists, and hearing preparation tools in one organized resource.

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