A petition is a written request asking a court to do something: grant custody, appoint a guardian, change a name, approve an estate step. It is the document that starts many court cases.
How to prepare a petition
- Find the right court. Custody, support and family offense cases go to Family Court. Estate matters go to Surrogate’s Court. Name changes go to Supreme or Civil Court. The wrong court means starting over.
- Use the court’s form if there is one. New York courts publish many petitions with instructions on their website.
- Fill in the basics: the court, the parties’ names and addresses, the facts, and exactly what you are asking the judge to order.
- Keep it factual. Dates, places and events. Leave out argument and anger.
- Verify it. Most petitions must be sworn or affirmed to be true. You sign in front of a notary, or in New York you can sometimes sign an affirmation instead. See our guide on affidavit versus affirmation.
How to file a petition in court
You file with the clerk of the court, either in person, by mail, or electronically where the court allows it. Ask the clerk about the filing fee. Family Court petitions for custody, for example, are filed without a filing fee. After filing, the other party has to be notified, and the court will tell you how.
We notarize court documents online or at your location. We cannot advise on content, only witness your signature. See affidavit and oath notarization →
How to file a petition for custody
In New York, you file in Family Court in the county where the child lives. The court provides a petition form and the clerk can show you where to start. You will need your child’s information, the other parent’s details and basic facts about the child’s living situation. After filing, the court sets a date and the other parent is notified. This is general procedure, not legal advice, and a family law attorney or legal aid office can tell you what applies to your case.
Where a notary fits in
If your petition needs to be verified, we can notarize your signature online or in person. We cannot help you write it or tell you what to ask for.
Frequently asked questions
How do you file a petition in court?
File it with the clerk of the correct court, in person, by mail or electronically if allowed. Ask the clerk about fees and serving the other party.
How do I prepare a petition?
Use the court form if available, state the facts and what you are asking for, and verify it by sworn statement or affirmation.
How do I file a petition for custody in New York?
File in Family Court in the county where the child lives. The court provides forms and does not charge a filing fee for custody petitions.
Does a petition need to be notarized?
Often it must be verified. In New York you can sign before a notary or, in many cases, sign an affirmation instead.
How do you petition the court?
Identify the right court, complete the petition, verify it, file it with the clerk and notify the other party as the court instructs.
Related reading
- Representing yourself: which court forms need a notary
- Affidavit or affirmation?
- Affidavits of service in New York
- Getting a sworn statement right
This article is general information, not legal advice. Laws, court fees and forms change, so confirm with the court or agency involved. NotarEaseNYC is a notary service, not a law firm, and a notary cannot advise you on what to write or which legal route to take.