Last updated: 5/2/2006
Petition To Modify Custody Or Visitation Order {UCCJEA-9}
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Description
DRL Art. 5-A Form UCCJEA-9 (Petition to Modify Custody or Visitation Order UCCJEA) 10/2004FAM IL Y COURT OF THE STATE OF NEW YORK COUNTY OF ........................................................................ ............. In The Matter of a Proceeding to Modify a Custody Visitation Order under the Uniform Child Custody Jurisdiction and Enforcement Act Docket No. Petitioner PETITION TO MODIFY CUSTODY VISITATION -against- ORDER UCCJEA Respondent ........................................................................ ............... TO THE FAMIL Y COURT: The undersigned Petitioner respectfully alleges upon information and belief that: 1. I am [specify relationship to child; if foster parent, agency, institution or other relationship, so state] : . I [check applicable box]: reside am located at [specifyaddress or indicate if ordered to be kept confidential pursuant to Family Court Act 154-b(2) or Domestic Relations Law 76-h, 254]: I am seeking to modify the following order of custody visitation, a certified copy of which is attached [specify jurisdiction, court and docket or index number]: 2. Respondent , , [check applicable box]: resides is located at [specifyaddress or indicate if ordered to be kept confidential pursuant to Family Court Act 154-b(2) or Domestic Relations Law 76-h, 254]: Respondent is [specify relationship to child; if foster parent, agency, institution or other relationship, sostate]: 3. The name, present address, and date of birth of each child who is the subject of this proceeding are as follows [Indicate if address ordered to be kept confidential pursuant to Domestic Relations Law 76-h, 254 or Family Court Act 154-b(2)]: Name Present Address Date of Birth 4. This order [check applicable box]: was issued by a New York State court. has been registered in New York State. [Attach copy of Order or Certification of Registration. Note: registration is not required]. has not been registered in New York State. was denied registration in New York State on [specify date]: by [check applicable box]: this Court another New York State court [specify]: American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 Form UCCJEA-9 Page 2 is the subject of a pending application for registration in New York State filed on [specifydate]: in [check applicable box]: this Court another New York State court [specify]: 5. This order [check applicable box]: has been registered in the following other state, tribal or territorial jurisdiction or country[specify]: [Note: registration is not required.]. has not been registered in any other jurisdiction or country. was denied registration in the following other state, tribal or territorial jurisdiction or country[specify]: is the subject of a pending application for registration in the following other state, tribal orterritorial jurisdiction or country [specify]: 6. This order is in effect and has not been vacated, stayed or modified. 7. During the last five years, each child who is the subject of this proceeding resided at: [specify address or indicate if ordered to be kept confidential pursuant to Family Court Act 154-b(2) or Domestic Relations Law 254]: Name Address Duration (from/to) 8. The name and present address of the person(s) with whom each child resided during the past five years are as follows [specify address or indicate if ordered to be kept confidential, pursuant to FamilyCourt Act 154-b(2) or Domestic Relations Law 254]: Name Address Duration (from/to) 9. Apart from the proceeding that resulted in the issuance of the order sought to be modified herein, Petitioner has has not participated as a party witness other [specify]: inother litigation concerning the custody of the same child(ren) in New York State Other State or other jurisdiction [specify]: . If so, specify type of case, capacity ofparticipation, court, location and status of case: 10. [Check applicable box]: The following person(s) not party to these proceedings have claimed physical custody or visitation rights to the child(ren) as follows: I know of no person(s) not a party to the proceedings who claim(s) to have custody or visitation rights with respect to the child(ren) affected by this proceeding. 11. a. It is in the best interests of the child(ren) that this order be modified as follows for the following reasons [specify]: b. This Court should modify the order on a temporary, emergency basis, pursuant to Domestic Relations Law 76-c, because the child(ren) (is) (are) presently in this State and [check one or both boxes]: the child(ren) (has)(have) been abandoned; it is necessary in an emergency to protect the child(ren), a sibling or siblings or parent of the child(ren). American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 Form UCCJEA-9 Page 3 12. The following circumstances affecting the child(ren) have changed since the order was originally issued [specify]: 13. Check applicable box: No proceeding has been commenced that could affect this action. The following proceeding(s) have been commenced that could affect this action, [specify jurisdiction, court, docket or index number, type of proceeding and status]: 14. The court that issued the order sought to be modified identified the following jurisdictionalbasis or bases for its issuance [check applicable box(es)]: The child lived in that state or jurisdiction with a parent or person acting as a parent for at least six consecutive months before the proceeding was commenced. The child and at least one parent or person acting as a parent had a significant connection with that state or jurisdiction and that state or jurisdiction has substantial evidence concerning the childs care, protection, training and personal relationships. All other courts with jurisdiction declined to exercise jurisdiction and the court that issued the order determined that it was the more appropriate forum. No court of any other state or jurisdiction would have jurisdiction based upon any of the foregoing factors. No jurisdictional basis for the order was specified. 15. This Court has jurisdiction to modify the order on the following ground(s) [check applicablebox(es)]: a. This Court has jurisdiction to make an initial determination of custody or visitation and [check one or both boxes]: The court of the other state has determined that it no longer has exclusive, continuing jurisdiction; or a court of this State would be a more convenient forum; and/or A court of this State or a court of the o