How to Fill Out New York Form FL-270 (w/Examples) + FAQs

According to a 2020 IAALS study, about 72% of U.S. family law cases involve at least one self-represented party. This means most parents handle critical custody and support forms on their own, often without a lawyer. If you’re facing a custody or child support case in New York, you might encounter Form FL-270 – or its equivalent – and feel overwhelmed. Don’t worry: filling it out correctly is entirely doable with some guidance, and getting it right can make a huge difference in your case’s outcome.

Form FL-270 is essentially a response form used to address a custody and support petition. While the name “FL-270” comes from California’s system, New York has its own version of responding to a custody/support petition. In this article, we’ll break down exactly how to fill out this form (step by step, with examples) under New York procedures. You’ll also learn key tips whether you’re the petitioner (the one who started the case) or the respondent (the one replying), because both sides need to know what’s going on.

Expect comprehensive, practical guidance ahead – from federal rules that affect every state, to the New York-specific steps you must follow. Let’s dive in:

🔍 Step-by-Step Form Instructions: You’ll get clear, numbered steps to confidently complete NY’s Form FL-270 (response to custody/support petition) from start to finish.
⚖️ Insider Legal Insights: Understand the differences between New York and other states (like California’s process) and learn the legal terms (custody, visitation, etc.) you need to know.
💡 Real-World Examples: See three common scenarios (unmarried parents, divorce cases, modifications) with example responses in tables, so you know exactly what to do in similar situations.
🚫 Mistakes to Avoid: Discover the top pitfalls people make when responding (missing deadlines, incomplete info, etc.) – and how to avoid each one, preventing costly errors or defaults.
❓ FAQs Answered: Quick yes-or-no answers to frequently asked questions about NY custody responses – from “Do I need a lawyer?” to “What if I ignore the petition?”

Now, let’s get straight to the heart of the matter: how do you fill out Form FL-270 in New York correctly?

Quick Step-by-Step: How to Fill Out Form FL-270 in New York

Filling out New York’s version of Form FL-270 (Response to Petition for Custody and Support) is a step-by-step process. Here’s an immediate overview answer:

Review the Papers You Were Served: Start by carefully reading the Summons and Petition you received. Note the court name, case/docket number, the names of the petitioner and respondent, and what the petitioner is asking for (e.g. sole custody, child support amounts, visitation terms). This tells you what claims you need to respond to.
Get the Right Forms or Format: In New York, there isn’t a pre-printed “FL-270” form like in California. If your case is in Family Court, you can respond by preparing an Answer (a written response) and potentially a Cross-Petition (if you also want to request custody or support orders in your favor). If your case is part of a divorce in Supreme Court, you’ll respond by serving a formal Answer (and possibly Counterclaim) to the divorce complaint. (Don’t worry, we explain each scenario in detail below.)
Fill in Case and Party Information: At the top of your answer or form, fill in the court name and county, the index/docket number, and the parties’ names exactly as they appear on the petition. Identify yourself as the Respondent. For example, “In the Matter of Jane Doe (Petitioner) vs. John Smith (Respondent)” in Family Court, or as Plaintiff vs. Defendant if in a divorce case.
State Your Relationship to the Child(ren): Clearly indicate how you are related to the children involved. If you are the child’s mother or father, say so. If parentage isn’t legally established (e.g. unmarried father who hasn’t been declared the father yet), you can acknowledge being the biological parent or note that paternity will be established (you can request DNA testing if needed). Mention if there’s any prior acknowledgment of paternity or adoption. (In the California form, you’d check boxes for “we are the parents,” “we signed an acknowledgment of paternity,” etc. In New York, you would simply state these facts in your answer or on a response form.)
List the Children’s Details: Provide each child’s name, birth date, and age. Ensure you list all children that the petition covers. Accuracy is key – mistakes in names or birthdates can cause confusion or delays.
Respond to Each Allegation and Request: Address each point the petitioner made. For each paragraph of the petition, state whether you admit it, deny it, or lack sufficient knowledge to answer (for factual claims). This is typically done in a written Answer. For example, if the petition says “The child has lived with Petitioner for 5 years,” and that’s true, you might admit it. If it says “Respondent has not visited the child,” and that’s false, you deny it and perhaps briefly state the truth (“Respondent has had weekly visits”). Be methodical – go one by one.
State What Orders You Want (Your Requests): This is crucial. Don’t just respond – let the court know your own preferences for custody, visitation, and support. In your response, clearly outline the orders you’d like the court to make:
- Custody & Visitation: Do you agree or disagree with the custody arrangement the petitioner wants? If you want a different arrangement, spell it out. For example, you might say you want joint legal custody instead of sole for the other parent, or you request a specific visitation (parenting time) schedule if you’re okay with the petitioner having custody. You can attach a proposed parenting plan or schedule if you have a detailed one (this shows the judge exactly what schedule you think is best).
- Child Support: If child support is part of the petition (or will be addressed), indicate your stance. Usually, child support in New York is determined by a formula, but you can note if you think an adjustment is needed (e.g. for special circumstances). Be prepared to provide financial information. (For instance, in Family Court, you’ll need to fill out a Financial Disclosure Affidavit detailing your income and expenses; in Supreme Court divorces, a Statement of Net Worth is required.)
- Other Requests: Mention any other orders you want the court to consider. Example: you might request the other parent take a co-parenting class, or ask for an order that neither parent relocate the child without permission. In the formal California FL-270 form there’s an “Other” section — you can include similar additional requests in your New York answer.
Attach Required Supporting Documents: Some cases require extra forms to be submitted along with your response:
- UCCJEA Statement: If the petition is about custody, New York (like all states) requires information about the child’s residence history. The petitioner usually provides this initially (often via a UCCJEA affidavit listing where the child has lived for the past 5 years). If you’re filing a cross-petition for custody, you may also need to fill out a UCCJEA form with the same info so the court is aware of any other state’s involvement or past cases. Always disclose if there are any other custody cases or orders involving your child (in any state). This is important – failing to tell the court about an existing order (or case) elsewhere is a mistake to avoid.
- Financial Documents: For support issues, attach or prepare to submit the required financial documents. New York will require recent pay stubs, tax returns (e.g. the 1040 and W-2s), and possibly an affidavit of your finances. The petition or summons may list what you need to provide. Tip: It’s often sufficient to bring these documents to the hearing, but read the instructions carefully – some courts ask you to exchange financial info before the hearing.
- Verification or Notarization: Many court filings in NY must be sworn to be true. In Family Court, an answer or cross-petition for custody should typically be signed in front of a notary (just as the initial petition likely was verified). In Supreme Court, if the petition/complaint was verified (sworn), your answer must be verified too. Be prepared to sign your response under oath attesting that your statements are true.
Sign and Date the Response: Sign your completed answer or form, and date it. If there’s a spot for a notary or if it says “Sworn to before me,” then wait to sign in front of a Notary Public, who will notarize your signature. By signing, you are swearing that the information you provided is accurate to the best of your knowledge. Always double-check you didn’t miss any signature lines (some forms might require initials on each page or a signature on an affidavit at the end).
File Your Response with the Court: Make at least two copies of everything (one for you, one for the other parent, original for the court). Take your signed answer (and cross-petition, if you prepared one) to the court clerk at the Family Court or Supreme Court where the case is filed. The clerk will stamp it as filed. If e-filing is available (and you’re comfortable with it), you may file electronically – but as a self-represented party in Family Court, you’ll likely be filing paper at the clerk’s office.
Serve the Other Party: After filing, you must serve a copy of your answer (and any cross-petition or attachments) on the petitioner (or their attorney, if they have one). Service in this context usually means mailing a copy to them (regular first-class mail is generally acceptable for serving an answer in Family Court, but check with the clerk or any instructions). For Supreme Court, formal service rules apply – typically you’d mail a copy and have someone fill out an Affidavit of Service or use certified mail as directed by CPLR rules. It’s safest to have a neutral adult mail the papers and sign an affidavit of service to file with the court, proving the other side was served.
Keep Proof of Service & Your Copies: If you served your response by mail, have the server (a friend or process server – not you personally) sign the affidavit of service and get it notarized. File that affidavit with the court clerk as proof. Keep your stamped copy of the answer and any postal receipts if used. This documentation is your evidence that you responded timely.
Prepare for the Hearing/Court Date: Finally, mark your calendar for the court date (from the summons or any notice). Appearance is mandatory. Filing a response doesn’t mean you can skip the hearing. In fact, by responding, you’ve preserved your right to participate – now you need to show up and present your case. Gather any additional evidence or information you might need (for example, visitation logs, proof of your income or expenses, any communications relevant to custody arrangements, etc.). If you’ve proposed a parenting plan, be ready to discuss why it’s best for the child.
Follow Up and Stay Engaged: Court cases can involve multiple appearances. After your initial response, be responsive to any court instructions – for instance, you might be directed to attend mediation, or to produce certain documents by a deadline, or to undergo a home study (in rare cases). Continue to protect your rights by staying involved. And if at any point you and the other parent reach an agreement, you can inform the court and perhaps submit a consent order to resolve the case.

Those are the key steps in a nutshell. Next, we’ll delve deeper into each part and explain the nuances, especially how New York’s process might differ from other states. We’ll also clarify who does what – petitioner vs respondent – and how federal and state laws interplay in these custody and support cases.

What Is Form FL-270? (And How NY’s Process Differs)

Form FL-270 is the name of a California form titled “Response to Petition for Custody and Support of Minor Children.” It’s used when one parent has filed a petition (in CA, that’s Form FL-260) to establish custody/visitation orders and child support, often in cases where the parents were never married or are separated but not divorcing. The FL-270 in California is a pre-formatted form with checkboxes and blanks to fill in your information and requests.

Now, in New York, you won’t find a form labeled “FL-270.” Don’t panic – this doesn’t mean you can’t respond; it means New York uses a slightly different procedure:

In New York Family Court, if someone files a custody or visitation petition (and/or a child support petition), the other parent (respondent) typically isn’t given a blank form to fill out by default. The expectation is often that the respondent will simply appear in court on the date listed in the summons to answer the claims. However, you absolutely can (and often should) prepare a written Answer or even a Cross-Petition in advance. This helps clarify your position and can protect you legally (for instance, it prevents the court from treating unchallenged allegations as true, and a cross-petition ensures the case can’t be dropped without resolving your requests too).
In New York Supreme Court (if the custody/support issue is part of a divorce), the process is more formal. You must answer the divorce complaint in writing within a deadline. That answer will include your responses to any custody/support demands in the complaint. Essentially, you’re still doing what FL-270 would do – telling the court your side – but in free-form legal documents rather than filling blanks on a preset form.

Federal Context: Family law is mostly state law, which is why forms differ between states. There is no single federal “Form FL-270” applicable nationwide. However, federal laws do play a role. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law adopted by all states (including NY) that controls which state’s courts have the authority to decide custody, and ensures custody orders are respected across state lines. Similarly, the Uniform Interstate Family Support Act (UIFSA) governs enforcement of child support across state borders. These uniform laws mean that while New York has its own process, it coordinates with other states – so if another state’s custody order exists, NY courts must know about it.

What does this mean for you? It means when you fill out your response, be truthful about any other cases or orders (don’t hide a prior custody case, thinking NY won’t find out – they will, through UCCJEA checks). It also means if you or the child recently lived out-of-state, the court will use UCCJEA info to confirm NY has jurisdiction.

Key Terminology (Entities & Concepts) Explained:

Petitioner vs. Respondent: The Petitioner is the person who started the case by filing a petition (or in a divorce, the Plaintiff filing the complaint). The Respondent is the person responding (Defendant in divorce). In a custody battle between parents, whoever files first is petitioner, the other is respondent – but this doesn’t confer any advantage beyond starting the process.
Custody vs. Visitation: Legal custody refers to decision-making power for the child (e.g. decisions about schooling, health care). Physical custody refers to who the child lives with. Both can be joint (shared by parents) or sole (one parent has it). Visitation (also called parenting time) is the schedule of when the non-custodial parent spends time with the child. When responding, be clear about whether you seek joint or sole legal custody and physical custody, and propose a visitation schedule if relevant.
Child Support: This is financial support for the child, usually paid by the non-custodial parent to the custodial parent. New York uses a formula based on parents’ incomes (the Child Support Standards Act guidelines). If you’re the one who might pay, your response might not say “I’ll pay $X” (the court calculates it), but you can still respond to any specific support requests (like if the petition asks for a deviation from guidelines or asks you to pay certain expenses, you can state your position). If you might receive support, make sure you’ve included income info so the amount can be set.
Visitation Schedules and Parenting Plans: Courts appreciate when parents propose a detailed plan. This can include weekdays, weekends, holidays, school breaks, pickup/drop-off logistics, etc. Attaching a schedule (or using the petitioner’s proposed schedule and modifying it in your response if you disagree) shows you’re proactive. New York doesn’t require a formal “Parenting Plan” document in Family Court, but providing one can be very helpful.
Answer vs. Cross-Petition (or Counterclaim): An Answer is basically “I respond to what you asked for.” A Cross-Petition (Family Court) or Counterclaim (in a divorce) is “Now I am asking for these additional orders.” Example: Petitioner only asked for visitation (maybe assuming they’ll get primary custody). If you, as respondent, actually want custody, you shouldn’t merely deny their request; you should affirmatively ask the court to grant custody to you. By filing a cross-petition for custody, you become a co-petitioner in a sense – the court will hear both parties’ requests symmetrically. Pro tip: Filing a cross-petition also prevents the petitioner from simply withdrawing their petition and leaving you with no resolution. The case would continue on your cross-petition even if they got cold feet, so your issues get heard.
Default: This is what happens if the respondent fails to respond or appear. The court can grant a default judgment/order giving the petitioner what they asked for, as long as proper service was done. This is why responding (and showing up) is so critical. A default custody order could, for example, give sole custody to the filing parent without your input. Courts prefer both sides be heard, but they won’t chase you down – it’s your responsibility to respond.

In summary, think of “Form FL-270” as a concept: it’s how you, as a respondent, communicate with the court about a custody/support case. New York’s approach might involve drafting your own answer rather than a fill-in-the-blank form, but the goal is the same. Next, we will provide a detailed guide on each step of filling out that response, ensuring all New York requirements are met. Keep in mind any slight variations depending on whether you’re in Family Court or Supreme Court – we will point those out too.

Step-by-Step Guide: Filling Out the Response Form (NY Edition)

Let’s break down the process of filling out your response (New York’s equivalent of Form FL-270) in detail. We’ll go step by step, covering what to do and how to do it right.

Step 1: Read the Summons and Petition Carefully

Your first step is preparation, not writing. The Summons tells you when and where to appear and often warns that failure to respond can result in a default. The Petition (or Complaint in a divorce) lays out what the other side is asking for and why.

Key things to note:

Deadlines & Dates: In Family Court, the summons usually gives a hearing date (e.g. “Appear on August 15, 2025 at 9:00 AM”). There isn’t a separate deadline to file an answer; you just need to show up by that date (though you can file an answer beforehand). In Supreme Court (divorce), the summons will say you have 20 days (if served in-person in NY) or 30 days (if served out of state or by other means) to serve your answer. Mark this deadline immediately. Failing to answer a divorce complaint on time can lead to a default divorce judgment.
What is Being Asked: Identify every request. Is the petitioner asking for sole legal and physical custody? Or just primary physical custody with joint legal? Are they asking for supervised visitation for you? Are they requesting child support (and in what amount or according to guidelines)? Look for any additional requests like attorney fees or an order for health insurance coverage for the child. Make a list of these points.
Allegations: Note the factual allegations. For example, the petition might state a schedule the child has had, or make claims about each parent’s involvement (or lack thereof). It might mention any incidents (like “Respondent moved without notifying Petitioner” or “Petitioner has been the sole caregiver since birth”). These details are what you’ll respond to point-by-point.

Understanding the petition fully sets you up to write a focused and effective response.

Step 2: Choose the Right Response Format (Family Court vs. Supreme Court)

As mentioned, how you respond depends on the court:

In Family Court: There is no mandatory form to fill out to respond. However, you have the option to create a written Answer to the petition. This can be a typed or neatly handwritten document titled “Answer” (and if you are making your own requests, a separate “Cross-Petition”). The Family Court clerk or a court help center might have sample Answer forms or you might find templates from legal aid organizations. Essentially, your answer should reference the case (same caption and docket number as the petition) and then say: “Answer: I, [Your Name], the Respondent in this case, answer the Petition as follows…” and then address each allegation (usually by paragraph number).
After addressing the petition’s allegations, you would include a section for your Affirmative Relief Requested if any – this is where you state your own custody/support requests. Some people prefer to put those requests in a separately filed Cross-Petition for Custody/Visitation (which would be on the same petition form the original used, but with you as petitioner). If you do that, you still should answer the original petition too. It might sound like extra paperwork, but it can be worth it to protect your rights fully.
Example: Maria files a petition for sole custody of little Alex. John, the father, wants joint custody. John could just show up and say “I want joint custody,” but if Maria decided to withdraw her petition before the hearing, the case would disappear and John gets nothing. If John instead files a cross-petition for custody asking for joint custody, even if Maria withdraws hers, John’s petition is still active – the court will still hold a hearing and can award custody based on John’s petition. So in John’s answer, he might simply admit/deny allegations and then indicate “see attached cross-petition.” In the cross-petition document, John would use the official Custody/Visitation Petition (Form GF-17) naming himself as petitioner and Maria as respondent, and asking for joint custody. The two cases likely get heard together.
In Supreme Court (Divorce): If you’re served with a summons and complaint (or summons with notice) in a divorce that includes custody/support issues, you must respond in a more structured way. Typically:
- If you got a Summons with Notice (which means the other side didn’t attach the full complaint yet), you should serve a Notice of Appearance and Demand for Complaint first. This is a simple form/letter telling the court and plaintiff that you will participate and demanding the detailed complaint. Once the complaint is served on you, you then serve your Answer to that complaint.
- If you got the full Verified Complaint initially (common scenario), you serve an Answer within 20 days (if in-state personal service) or 30 days (if served by mail or out of state). The Answer should address every paragraph of the complaint (just like answering a petition). You should also include any Counterclaims – e.g. if you want to countersue for divorce on different grounds or ask for relief not asked for by your spouse. In terms of custody, if the complaint asks for sole custody to Plaintiff, and you seek joint, your Answer will state your stance (often as a counterclaim you might explicitly ask the court to grant you joint or sole custody).
  Remember to also file a Notice of Appearance along with your answer if you haven’t already (this is a separate document basically informing the court you are appearing in the case). Many Supreme Court counties have specific form packets for answering a divorce pro se – often including the Notice of Appearance, and sometimes an “Affidavit of Defendant” used in uncontested cases. For a contested case, a well-drafted Answer and counterclaims are your primary tools. If in doubt, consulting an attorney or at least using a prepared template (like the Rural Law Center’s free answer form) is wise, because divorce paperwork can be technical.

Regardless of the forum, always use the same case title and number as the original filing. Consistency here ensures the clerk files your papers in the correct case file.

Step 3: Fill in the Caption and Your Information

The “caption” is the heading of the legal papers. If you have a form, you’ll see blanks for this; if drafting yourself, you format it similar to the petition:

It starts with the court name (e.g. “Family Court of the State of New York, County of ___” or “Supreme Court of the State of New York, County of ___”).
Then the case title, which usually looks like: In the Matter of JANE DOE, Petitioner, v. JOHN SMITH, Respondent. (For Family Court cases, they often use “In the Matter of [Child’s Name]” for some filings, but custody/visitation petitions usually caption with parents’ names as above. In Supreme Court divorce, it will be “JANE DOE, Plaintiff, v. JOHN SMITH, Defendant”.)
The docket or index number goes on the right side (usually you’ll see something like “Docket No. ___” or “Index No. ___”).
The title of the document: After the case title, you put the title of your document, e.g., “ANSWER”, or “ANSWER AND CROSS-PETITION”, or “Verified Answer with Counterclaims” etc., centered or underlined.

Fill all that in exactly as on the petition. Spell the names the same way. If the petition had middle initials, include them. If you have an attorney, their info would go at the top; if not, you might write “Pro Se” under your name and address.

On any official form (like if responding by using a generic form template), it will ask for your name, address, telephone, etc. Provide these where indicated. If you need to keep your address confidential (due to domestic violence concerns, for example), DO NOT put your address on the form; instead, you can use an Address Confidentiality Program or provide an alternative mailing address (and inform the court clerk separately of your actual address in a confidential manner). New York has an Address Confidentiality Affidavit form if needed – use it if safety is a concern.

Step 4: Respond to Allegations and Statements in the Petition

Now it’s time to tackle the content. The petitioner likely numbered their allegations (paragraphs). Your response should mirror that structure for clarity:

Admit what’s true, deny what’s not. If a statement is true (or mostly true), it’s usually best to admit it. Admitting obvious facts (like “The parties are the parents of 2 children”) saves time and builds credibility. Deny things that are false or incomplete. You can also clarify when denying: e.g., “Denied. Respondent has in fact exercised parenting time every weekend, not ‘never’ as alleged.”
“Without knowledge” – for any allegations you genuinely don’t know about, you can state that you lack sufficient knowledge to admit or deny, which acts as a denial in legal effect. For instance, if the petition says “The child’s grades have dropped drastically,” and you haven’t seen the report cards, you might respond “Respondent lacks sufficient knowledge to admit or deny the allegations in paragraph X.”
Include all relevant details in your denials. While you don’t want to write a novel in the answer, you can include brief explanations where important. For example: Petition alleges you moved to a new apartment without telling them. You could simply deny, but better: “Denied. Respondent notified Petitioner via email on March 1, 2025 of the new address.” That way, you’re inserting your side of the story immediately on the record.
Use corresponding numbers: Start your answer by stating something like “Respondent answers the Petition as follows:” then go 1, 2, 3… so that your paragraph 1 responds to their paragraph 1, etc. This makes it easy for the judge (and the other party) to see what you agree or disagree on.
Any allegation about what you are asking for (like “Petitioner should have sole custody because Respondent is unfit”) – obviously you will deny negative allegations about you that you believe are untrue, and you’ll dispute conclusions like who should get custody. It’s okay to say, “Denied that it is in the child’s best interests for Petitioner to have sole custody. Respondent affirmatively states that a joint custody arrangement would be in the child’s best interests” – you are already starting to outline your stance.

Take your time here. This is the core of your defense. If you have evidence to refute something (texts, dates, witnesses), you don’t attach them to the answer (evidence comes later at a hearing), but you can mention facts in your answer that signal you have a counter-narrative.

Step 5: State Your Desired Custody and Visitation Arrangement

After you’ve responded to the petitioner’s points, make sure your answer includes a section clearly laying out what you want the court to order regarding custody and visitation. Think of this as your proposal:

Legal Custody: Specify if you want joint legal custody (both parents share decision-making) or sole legal custody (only you or only the other parent). Joint legal is common unless there’s high conflict or inability to cooperate. If you agree the other parent should have sole legal, you can say so. If you disagree with their request, state your alternative (e.g., “Respondent requests joint legal custody so both parents remain involved in important decisions, as this is in the child’s best interest.”).
Physical Custody: This is about who the child lives with primarily. Perhaps the other parent asked for primary physical custody and you only get visitation. If you are okay with that arrangement, you might say “Respondent consents to Petitioner having primary physical custody, with Respondent to have liberal visitation as outlined below.” If you are not okay and want primary custody yourself, state that: “Respondent requests to be awarded primary physical custody of the minor child, given [brief reason, e.g. the child has always lived with Respondent].” You can also request a specific custody schedule (like split weeks, alternating weeks, etc. – essentially joint physical custody arrangements).
Visitation (Parenting Time) Schedule: It’s very important to propose a schedule, especially if you’re not going to be the primary custodial parent. Don’t leave it at “reasonable visitation” – that term is vague and can lead to confusion or conflict later. Outline something concrete:
- For example: “Respondent proposes parenting time as follows: every other weekend from Friday after school until Sunday 6pm; plus dinner on Wednesdays on the off-week; and equal sharing of holidays and school breaks (with a detailed holiday schedule to be mutually agreed or ordered by the court).”
- If you want something like supervised visitation (maybe you believe the other parent should only have supervised contact due to safety concerns), you must request it explicitly and be prepared to explain why it’s necessary (this might be a situation for a court hearing to decide, but you need to put it in your papers if you want it).
- For infants or very young children, visitation might be more frequent short visits rather than weekends. Tailor it to your child’s needs.
Exchange Logistics: You can mention any preferences (e.g., “exchange at neutral location” or “each parent picks up from the other’s home” or “at school”). This level of detail can be worked out later or at mediation, but it doesn’t hurt to show you’ve thought about it.

Writing this section accomplishes two things: it tells the judge what outcome you’re seeking, and it shows you are child-focused (courts like to see that you are thinking in terms of the child’s routine and well-being).

In the California FL-270 form, there is a section to check boxes for “physical custody to: mother/father/joint” and “legal custody to: [who]” and a place to attach a visitation plan (Form FL-311). In your New York answer, you’re basically doing the same but in narrative form. You might even attach a separate page titled “Proposed Parenting Plan of Respondent” as an exhibit to your answer if it’s lengthy.

Step 6: Address Child Support in Your Response

Child support is often handled as a separate issue, but it is intimately connected to custody (more parenting time with one parent typically means that parent will receive support from the other). Here’s how to handle support in your response:

If the petitioner filed a separate child support petition or included a support request in the same petition, acknowledge it in your answer. For example: “With respect to child support, Respondent will comply with the New York Child Support Standards Act. Based on the parties’ incomes, Respondent estimates support should be around $X per week, and is willing to pay that amount” – if you agree generally. Or if you think the petitioner’s numbers are wrong: “Respondent believes Petitioner’s child support request exceeds the guideline amount; Respondent requests that support be calculated according to law, taking into account childcare costs and health insurance.”
If you are the one potentially receiving support (say the other parent is the higher earner and you end up with primary custody), you can state that you’re seeking child support per the statutory formula. Even as a respondent, you can request affirmative relief like child support in a cross-petition (Family Court) or counterclaim (divorce).
Attach a Financial Disclosure Affidavit if required. In NY Family Court, typically both parents have to fill one out for support cases (Form 4-17 or similar). It includes income, expenses, assets, etc. While you might not need to attach it to your answer, you will need to complete it and provide it to the Support Magistrate eventually. It’s often good to have it ready by the first court date.
Mention any special circumstances: Does the child have extraordinary expenses (medical, educational) that should be shared? Are you already paying support under a temporary arrangement or another case? Note it.
Important: Just because you respond doesn’t set the support amount – the court will do that at the hearing using the formula. But by being prepared and clear in your response, you demonstrate cooperation. Also note: if you and the other parent’s combined income is above a certain cap (currently ~$163,000 in NY as of 2025, but check current figure), the court can deviate above that cap. If that’s relevant, your response might include your position on it (e.g., “Respondent objects to any deviation above the statutory cap as unwarranted”).
If the petition did not explicitly ask for support (maybe they only asked for custody in Family Court), be aware that the court might still bring up support on its own (Family Court Act requires support to be addressed). So even if it’s not in the paperwork, come prepared with financial info and don’t be surprised if the judge or support magistrate schedules a support hearing once custody is addressed.

Step 7: Include Any Other Relevant Information or Requests

At the end of your response, it’s wise to have a catch-all section for “Other affirmative defenses or requests”:

Attorney’s Fees: If you had to hire an attorney, you can request the court order the petitioner to pay (especially if there’s a big income disparity). In a divorce case, New York law actually presumes the wealthier spouse should contribute to the other’s legal fees. In Family Court, fees can be granted in some cases too. If you’re self-represented, you generally can’t ask for “attorney” fees since you have none, but you could ask for reimbursement of other costs (like travel costs, filing fees) in rare situations. This is optional and situation-dependent.
Dismissal of Petition (if appropriate): If you believe the petition is legally flawed or filed in the wrong state or there’s already an order in place, you might request the court dismiss it. For example, if New York lacks jurisdiction because the child lived in another state until last month, you could raise that. Those types of arguments (improper jurisdiction, improper service, etc.) are called affirmative defenses. If you have any, list them. Common ones might include: “Petition fails to state a cause of action” (rarely used in custody, more in technical cases), or “Lack of jurisdiction under UCCJEA because the child has not lived in NY for 6 months.” Even “the parties have an existing custody order from [another state], which should be enforced instead of relitigated.”
Temporary Orders: If you need a temporary order (say the petition will take months to resolve and meanwhile you want an interim visitation schedule or a temporary child support order to start), you can request that in your answer or by a separate motion. Mention it in the answer: “Respondent requests that the court issue temporary orders for [specify what] pending final decision.” Typically, courts will address temporary arrangements at the first appearance if needed (like setting up a visitation schedule to get through to the next court date).
Protective Orders or Special Conditions: If there are safety concerns (domestic violence, substance abuse, etc.), you might want to ask for certain conditions (like supervised exchange points, or the other parent to abstain from alcohol during parenting time, etc.). Serious issues, like claiming abuse, often belong in their own petition (e.g. an Order of Protection via a Family Offense Petition), but mentioning concerns in the custody response can prompt the judge to consider appropriate safeguards in any custody order.

Be careful to keep this section concise and relevant. This isn’t the time for a rant against the other parent – focus on what you want the court to do about any problems.

Step 8: Finalize – Sign, Date, Notarize, Copy

Before you submit anything:

Proofread everything. Ensure names and dates are correct and consistent. Check that you addressed every paragraph of the petition; if you skipped one accidentally, the court might consider you admitted it, so don’t skip.
Ensure any blanks on forms are filled. If something didn’t apply, write “N/A” rather than leaving it blank (so it’s clear you didn’t accidentally overlook it).
Attach all necessary additional forms (e.g., your cross-petition form, the UCCJEA affidavit if you prepared one, financial affidavit if needed).
Now, sign your answer and cross-petition (if any) in front of a notary if required. Most petitions and affidavits require notarization (they’ll say “Sworn to before me on [date]” with a notary signature line). Many court clerk offices have notaries, or you can use a bank or other notary service.
The date of your signature often goes next to it or in the notary block. Make sure the notary fixes the seal and all that.
Copies: Make copies after signing (the court wants the original wet-ink signature typically). If notarized, copy the notarized version so the court gets the original, you and the other parent get copies of that.

We can’t stress enough: don’t forget to sign. An unsigned answer might be treated as a nullity. Also, an un-notarized verification (if required) is also a big no-no. Double-check the petitioner’s filings – if their petition was verified (which custody petitions generally are, at least they’re supposed to be sworn), then by NY law your answer should be verified too (especially if you asserted new claims). Not to get too technical, but in NY practice, “new matter” in an answer (like counterclaims) means you need to verify. So just be safe and verify your answer.

Step 9: File and Serve (and the Clock is Ticking)

Filing and service are the next critical steps:

Filing: Bring your original documents to the clerk’s office of the court. In Family Court, you’ll go to the Family Court Clerk; in Supreme Court, to the County Clerk (which handles filings for Supreme). There might be a specific window for Family Court filings. Filing an answer in Family Court usually doesn’t cost anything. Filing an answer in a divorce also has no fee (the fees are mostly on the filing side, which your spouse paid to start the case). If you prepared a cross-petition in Family Court, generally there’s no fee either (Family Court doesn’t charge for custody filings).
- The clerk will stamp your papers and give you a copy back or stamp your copies. This stamp is the filed date.
- If the deadline was looming (say it’s day 19 of your 20 days in Supreme Court), you might consider filing by fax or email if the local rules allow, or ensure you at least serve by the deadline (courts sometimes accept if service was timely even if filing reaches them slightly after, but don’t rely on that; best to have it filed on time).
Service on the Other Party: New York requires that any time you file papers with the court, you also deliver copies to the other side.
- In Family Court, how do you serve the petitioner your answer? Since your answer isn’t a petition that triggers a new case, you can generally mail it to them (to the address they put on their petition) or their attorney if they have one. Regular mail is often acceptable for serving an answer (because it’s not the initial service of a summons). However, some practitioners prefer to use certified mail or process server just to have proof. At minimum, do regular mail and complete an Affidavit of Service by Mail: have a friend (not you) over 18 mail the envelope, then sign an affidavit stating they mailed it to the petitioner’s address on X date with postage fully paid. That gets notarized and you file it.
- In Supreme Court divorce cases, CPLR (NY civil rules) usually require the answer to be served the same way as other pleadings – often by mail or personal delivery to the plaintiff’s attorney (or plaintiff if unrepresented). The timelines (20/30 days) are measured by service, so you must serve by that deadline. Typically, sending by mail is fine but it should arrive by the deadline. Better yet, if the other side has a lawyer, email them a courtesy copy as well (but still do formal service).
- Once served, immediately file the proof of service (the affidavit) with the court. In Family Court, bring it to the clerk. In Supreme, file with County Clerk. That way, the court’s record shows you served your answer. This is important if later the other side tries to claim you never responded – you’ll have proof on file.
E-filing note: Some counties allow e-filing for certain case types. As a self-represented litigant, you usually have the option to opt-in or opt-out. E-filing can simplify serving (the system serves the other party’s registered attorney electronically). But if you’re not comfortable, you can stick to paper filing and service.

After these steps, you are officially on record with your response. Congratulations – you’ve navigated a complex process! But the case isn’t over; it’s really just beginning.

Now that we’ve covered how to fill out and file the response, let’s look at a few examples to see how it all comes together in real life situations.

Real-World Examples: Filling Out the Response in Common Scenarios

To make this concrete, here are three common scenarios involving custody and support, and how a New York “FL-270” response would be handled in each. Each scenario is presented with a brief description and an example of how the respondent should fill out their response (Answer/Cross-Petition), shown side-by-side:

Example 1: Unmarried Parents – Father Responding to Custody & Support Petition

| Scenario: Unmarried parents, mother petitions for sole custody and child support; paternity was established by acknowledgment at birth. The father has been involved in the child’s life, wants joint custody and ample visitation. | Father’s Response (Example): He prepares an Answer in Family Court. He admits paternity (refers to the signed acknowledgment on file) and the child’s details. He denies the mother’s claim that “father has minimal involvement,” detailing that he has the child every weekend. He requests joint legal custody and a 50/50 shared parenting schedule in a Cross-Petition. He also agrees to pay guideline child support (he attaches a Financial Disclosure Affidavit showing his income) but asks that the court credit the overnights he’ll have. He ensures to attach a UCCJEA affidavit listing the child’s residence history (all in NY with both parents). He signs everything, notarizes it, files it, and mails a copy to the mother. |

Example 2: Married but Separated – Custody Petition in Family Court (No Divorce Yet)

| Scenario: Parents are married but living apart; no divorce action has been filed. The mother filed a custody petition in Family Court seeking sole custody of their two kids, claiming the father works long hours and has “anger issues.” She also separately filed for child support. | Father’s Response (Example): Father notes that they are still married with no divorce pending. In his Answer, he acknowledges the marriage and that Family Court can decide custody since no one filed for divorce yet. He denies having anger issues (perhaps noting he attended parenting classes voluntarily to improve communication). He requests joint legal custody and that the children’s time be split such that he has them on weekends and one weekday (to start). He files a Cross-Petition asking for a specific visitation schedule and joint custody, so that if mother tries to drop the case later, his petition remains. For the support case, he prepares to provide income info and will inform the Support Magistrate that he also has significant parenting time (which should factor into support slightly). He does not request attorney fees. He might also request in his answer that both parents undergo co-parent counseling if conflict is high (an additional request). He files and serves his papers, and makes sure to show up on the court date ready to discuss a temporary schedule. |

Example 3: Divorce in Progress – Responding to Custody in a Divorce Complaint

| Scenario: A divorce case in Supreme Court: The wife’s divorce complaint requests sole custody of the two children, child support, and mentions that the husband (defendant) travels frequently for work. The summons was served in person in NY, giving the husband 20 days to respond. | Husband’s Response (Example): He drafts a Verified Answer to the divorce complaint. In it, he addresses each allegation: admits the marriage, admits the children are of the marriage, denies that sole custody to wife is in the kids’ best interests, etc. He includes a Counterclaim for divorce as well (perhaps on different grounds or simply to have his own claim). Regarding custody, in his Answer’s wherefore clause he explicitly asks for joint legal custody and a residential schedule where each parent has substantial time (he might propose wife as primary residential but him having extended vacation times due to his travel – or vice versa). He also files a Demand for Joint Custody formally as part of his relief requested. He attaches a Notice of Appearance. He doesn’t need a UCCJEA affidavit because the wife likely already filed one with her complaint (in Supreme Court, a UCCJEA affidavit is required too). He does, however, prepare and later file his Statement of Net Worth (mandatory before any custody/support trial or pendente lite support motion in Supreme Court). He signs and notarizes the answer (because the complaint was verified). He serves it on the wife’s attorney within 20 days by mailing to the attorney’s office, and his friend signs an affidavit of service. He files the answer and affidavit of service with the County Clerk. Now, he’s officially contesting custody in the divorce. The next steps will involve a preliminary conference and likely the court will send them to mediation or appoint a law guardian for the kids, but his filing has preserved his rights and let everyone know his position. |

These examples show how the content of a response can change based on the circumstances. In every scenario, however, the fundamentals are the same: respond to the other side’s claims, assert your own, follow the procedure, and communicate clearly.

Petitioners’ Tips: What to Do After Filing (and Ensuring a Response)

While much of this article focuses on the responding party, if you are the Petitioner (the one who initiated the custody/support case), you also have steps to take and things to watch for, especially in New York:

Proper Service of Your Petition: Nothing can happen until the respondent is served. In Family Court, after you file a petition, the court typically issues a summons. It might be your responsibility to arrange service (in some counties a sheriff or process server must serve the papers at least 8 days before the hearing; in others, the court clerk may mail the summons). Make sure the respondent indeed gets served. If you’re not sure they were served properly, you can request an adjournment or re-service; an un-served respondent means the court cannot proceed (except to reschedule). Always have the Affidavit of Service filed by whoever served the papers.
Include a Blank Response Form? Unlike California, New York doesn’t require providing a blank answer form to the respondent. However, if you obtained any informational pamphlets or resources for unrepresented litigants from the court, it’s considerate (though not required) to share. Your goal is to get the case moving, which means you want the respondent to participate (strange as that sounds!). A cooperative respondent who files an answer can help frame the issues. If they default, you might “win” initially, but a no-show can lead to delays (courts sometimes reschedule to give another chance) or motions later to reopen. So, weird as it is, you typically want the other parent to engage and respond so that any order made is on solid ground.
What if the Respondent doesn’t respond? In Family Court, if they simply don’t show up at the hearing, you can ask the judge for a default order. Judges often are cautious with custody defaults – they may reschedule once or twice to be sure the person had notice. But if it’s clear they’re avoiding or don’t care, you could get an order granting what you asked for. Ensure you have any evidence ready to support your case (courts still want to see that what you ask is in the child’s best interests, even if the other side isn’t there to contest).
What if the Respondent files a Cross-Petition? This means now each of you has filed for custody (or support). Don’t be alarmed – it’s common. The court will typically consolidate the petitions and hear them together. It does mean you should file an Answer to the Cross-Petition (yes, a petitioner can also end up responding if the other side files their own petition!). So read any cross-petition you receive carefully and submit a written answer to it as well, generally following similar steps (admit/deny the new allegations). This way you’re not tacitly agreeing to their claims.
Stay Organized: Keep copies of every document (petition, summons, affidavits of service, any responses). Show up to court early on the date. If the other side did file an answer, read it – see what they’re contesting or asking for. It helps to know where you can compromise and where you need to stand firm.
Negotiate if Possible: The reality is, if both parents are actively involved (filing petitions/answers), it might be possible to reach an agreement without a bitter trial. New York courts often encourage settlement or mediation. As a petitioner, be open to reasonable proposals from the other side (especially if the answer/cross-petition shows they want something like joint custody – which courts often favor unless there’s a serious reason not to).
Default Isn’t Always Final: Even if the respondent no-shows and you get an order, be aware they might later come to court and request a rehearing or to vacate the default if they have a decent excuse (like they weren’t served, or a medical emergency prevented attendance). Judges may give them a second chance. So it’s usually better in the long run to have them participate and get a consent order or a contested order after hearing both sides, rather than a default that could be challenged.

In short, as a petitioner your job is to push the case forward: ensure service, anticipate a potential answer (and read it when it comes), and prepare to prove your case or negotiate as needed.

Both petitioners and respondents share one crucial task: keeping the child’s best interests front and center. This isn’t just a slogan – judges truly make custody decisions based on what arrangement will benefit the child most. Show the court (through your filings and behavior) that you’re child-focused and willing to co-parent effectively.

Pros and Cons: Responding on Your Own vs. Hiring an Attorney

Many parents wonder if they should fill out these forms and navigate the case by themselves or get a lawyer. It’s a big decision, especially with something as important as custody and support. Here’s a quick look at the pros and cons of going pro se (self-represented) in responding to a petition:

Pros of Self-Representation	Cons of Self-Representation
Save on legal fees: You avoid costly attorney bills, which can be significant in custody cases.	Legal complexity: Court procedures and forms can be confusing; mistakes in paperwork or missed deadlines can harm your case.
Direct control: You speak for yourself and have full control over what you say to the judge and what you agree to (no intermediary).	Emotional strain: Handling a personal case on your own can be stressful and emotional, potentially clouding your judgment in court.
Learn the process: You’ll become more knowledgeable about the legal system and your rights by doing it firsthand.	Disadvantage against lawyers: If the other parent has an attorney, you’ll be at a tactical disadvantage in terms of legal knowledge and courtroom experience.

Many people do successfully represent themselves, especially in Family Court where procedures are a bit more relaxed than in higher courts. If your case is relatively straightforward – say, both of you actually agree on most points, or it’s a simple modification of child support – self-representation may go smoothly. Just be sure to utilize any free resources: court self-help centers, legal aid clinics, even online guides (like this one!).

However, if your case is complicated (involving serious accusations, interstate issues, or lots of assets, etc.), or if you feel the stakes are extremely high and you’re uncomfortable, consulting an attorney is wise. Sometimes even a one-time meeting with a lawyer to review your draft answer or explain the process can make a big difference, without having to retain them for full representation.

Tip: In New York, if you cannot afford an attorney, the court may assign you a free one to represent you in custody issues. You’d typically request this at your first appearance and the judge can assign a lawyer from a legal aid society or panel. That lawyer can then help fill out forms and represent you going forward. So if money is the issue, find out about this right away.

Common Mistakes to Avoid When Filling Out Your Response

Filling out legal forms and navigating court procedures can be tricky. Here are some of the most common mistakes people make with something like Form FL-270 (or its NY equivalent) – make sure you avoid them:

Missing the Deadline: Procrastinating on your response is dangerous. If you’re in Supreme Court, missing the 20 or 30-day answer deadline can result in default. In Family Court, missing the actual hearing date is equivalent to no response. Avoidance doesn’t make it go away. Always calendar your deadlines and court dates, and if you truly can’t make a date, notify the court ASAP to request a reschedule.
Not Reading the Instructions: It sounds obvious, but many skip any instructions attached to forms or in the summons. New York summonses often have notes like “If you do not appear, the case may proceed in your absence.” Believe it! Also, some petitions might come with a notice or instruction sheet (for example, a support summons might instruct you to exchange financial information by a certain date). Failing to read these can lead to non-compliance.
Providing Incomplete or Inaccurate Information: Leaving sections blank or guessing on important details is a big mistake. If a form asks for addresses where the child has lived – don’t leave it blank because you’re not sure of a date; find out the information. Inaccuracies (like wrong birthdates, misspelled names) might seem minor but can cause delays or questions about credibility. Always double-check facts. If you truly don’t know something (like an exact date), say “on or about [date]” or give your best recollection but indicate uncertainty.
Failing to Attach Required Documents: If you mention a voluntary acknowledgment of paternity or a prior court order, attach a copy if you have it. In the California FL-270, they explicitly say to attach a copy of any voluntary declaration of paternity. In NY, while not explicitly required in an answer, it’s very helpful to provide the court with that kind of documentation early. Similarly, if the petition mentioned a prior order and you have a copy, attach it or bring it at least to the hearing. Also, as noted, financial affidavits and UCCJEA forms are often required – forgetting to file them can lead to a judge giving you a stern lecture or a delay in the case.
Overlooking Service Requirements: Some responders fill everything out perfectly but then forget to serve the other parent or file proof of service. This can nullify all your hard work! If the judge sees no proof you served your answer, they might proceed as if you didn’t file one. Always remember to serve and then file that proof. It’s a technical step that is absolutely necessary.
Being Disrespectful or Emotional in Writings: It’s understandable that custody cases are emotional. But your written response should be civil and fact-focused. Do not use insulting language or rant about unrelated issues. Calling the other parent names or including pages of irrelevant grievances will only hurt your credibility. Judges have seen it all – stick to what’s relevant to the case (child’s best interests, factual corrections, your requests). Keep the tone respectful and businesslike. If you need to vent, do it to a therapist or friend, not in your court papers.
Admitting Allegations by Silence: If you skip responding to an allegation, it might be seen as admitted. For example, the petition has 10 paragraphs and you only answer 9 of them, forgetting one. That missing answer could be deemed an admission of whatever was alleged. To avoid this, cross-check your answer against the petition to ensure every numbered paragraph got a response. If numbering got off, fix it.
Not Asking for What You Want: This is huge. Sometimes respondents get so focused on defending against the other parent’s claims that they forget to clearly state their own wishes. The court isn’t a mind-reader. If you want overnights or joint custody or a specific holiday schedule – you need to say so, either in your answer or via cross-petition. Don’t assume “Well, obviously I want to see my kids” – spell it out! Otherwise, a final order might omit something important to you.
Ignoring Temporary Orders or Notices: In some cases, the court might issue a temporary order (say, a temporary child support amount or a restraining order regarding the child’s travel) at the first appearance. Or you might receive a notice to attend mediation. Ignoring these because you’re only focused on the final outcome is a mistake. Follow all interim orders and steps. If you don’t comply (like not paying temporary support), it can be used against you later.
Going it Completely Alone Without Research: Representing yourself doesn’t mean you shouldn’t ask for help when needed. Failing to at least consult resources or attorneys for advice on tricky parts is a mistake. For example, not knowing that a divorce answer should be verified could cause your answer to be rejected. Or not realizing you could get a free lawyer in Family Court if you qualify. Use the help out there – even court clerks can sometimes guide you on procedural questions (they can’t give legal advice, but they can tell you what forms you need).
Forgetting the Child in the Equation: This is more of a philosophical mistake, but an important one. All the paperwork and legal jargon ultimately serve one purpose: to arrange things in the best way for the child. If you lose sight of that – say, you’re responding out of spite to “win” against the other parent – you might make choices that hurt your case or, worse, hurt your child. Always frame your responses and requests in light of what benefits the child. Example of a mistake: refusing to agree to any visitation for the other parent not because the parent is dangerous, but just because you’re angry at them. That stance will likely backfire in court unless there’s a genuine safety issue. Be reasonable and child-centered.

Avoiding these pitfalls will put you in a strong position as you fill out and submit your response. It shows the court you are organized, serious, and respectful – qualities that certainly don’t hurt when a judge is evaluating you in a custody case.

FAQ: Frequently Asked Questions (NY Form FL-270 Response)

Q: Do I have to file a written answer to a custody petition in NY, or can I just show up?
A: No. It’s not required, but submitting a written answer (or cross-petition) is strongly recommended to make your position clear and avoid default admissions.

Q: Will I lose custody or support rights if I ignore the petition or don’t show up in court?
A: Yes. If you ignore the case, the court can issue a default order granting the other parent’s requests. Always respond or appear to protect your rights.

Q: Is Form FL-270 actually used in New York?
A: No. FL-270 is a California form. New York has its own process—respond with an Answer (and possibly a cross-petition) according to New York’s procedures.

Q: Can I include my own custody or support requests when I respond?
A: Yes. You can—and should—include your own requests. In Family Court, file a cross-petition; in a divorce case, add counterclaims. This ensures the court knows what outcome you want.

Q: Do I need a lawyer to fill out my response?
A: No. Many parents represent themselves successfully. However, if your case is complex or you feel unsure, getting a lawyer (or at least legal advice) is very helpful.

Q: The petition says things about me that aren’t true. Will the judge believe it?
A: No. Judges won’t assume allegations are true without proof. You’ll have a chance to refute false claims with your written response and at a hearing.

Q: Should I talk to the other parent, or only communicate through the court?
A: Yes, if it’s safe. Settling issues by agreement can save time. Keep discussions respectful and child-focused, and don’t agree to anything you’re not comfortable with.

Q: Can I change my response after filing it?
A: Yes. You can usually amend your answer or file new petitions if circumstances change (with court permission if needed). It’s better to get it right initially, but adjustments are possible.

Q: What happens after I file and serve my response?
A: After you respond, the court schedules next steps (a hearing or conference). Attend all court dates and follow any instructions (for mediation, document exchange, etc.).

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