Form 40 Petition for Modification of an Order of Custody / Visitation - Nassau County, New York

What Is Form 40?

This is a legal form that was released by the New York State Unified Court System - a government authority operating within New York. The form may be used strictly within Nassau County. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is a Form 40 Petition?
A: A Form 40 Petition is a legal document used to request modification of an order of custody/visitation.

Q: What is the purpose of a Form 40 Petition?
A: The purpose of a Form 40 Petition is to seek a change in the existing order of custody/visitation.

Q: Who can file a Form 40 Petition?
A: Any individual who is a party to the existing custody/visitation order can file a Form 40 Petition.

Q: What information should be included in a Form 40 Petition?
A: A Form 40 Petition should include details about the current order, the requested modifications, and the reasons for seeking the modification.

Q: Are there any filing fees for a Form 40 Petition?
A: Yes, there may be filing fees associated with filing a Form 40 Petition. You should contact the Nassau County Family Court for information regarding the applicable fees.

Q: What happens after filing a Form 40 Petition?
A: After filing a Form 40 Petition, the court will review the petition and schedule a hearing to consider the requested modifications.

Q: Do I need an attorney to file a Form 40 Petition?
A: While it is not required to have an attorney to file a Form 40 Petition, it is recommended to seek legal advice to ensure your rights and interests are protected.

Q: Can I modify an order of custody/visitation without filing a Form 40 Petition?
A: No, if you want to modify an existing order of custody/visitation, you must file a Form 40 Petition.

Q: What factors will the court consider when deciding on a modification of custody/visitation?
A: The court will consider factors such as the best interests of the child, the ability of the parties to cooperate, and any changes in circumstances since the original order was issued.