Who May File a Petition for an Order of Custody in Staten Island Family Court?
A parent, grandparent or a person with a substantial connection or relationship with a child, who resides in Staten Island, may file a petition in Staten Island Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child’s parents must be served. There are no filing fees in Staten Island Family Court. What Happens at the Hearing? If the parties agree about custody of the child, the judge may take testimony from both parties and enter an order of custody on consent, without the need for a formal hearing. If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sid
