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New York Close to Home - Order on Petition to Modify Placement

State:
New York
Control #:
NY-3-48
Format:
Word
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Description

Close to Home - Order on Petition to Modify Placement

New York Close to Home — Order on Petition to Modify Placement is a legal document issued by the New York State Office of Children and Family Services (OFFS) and issued to families involved in child welfare proceedings. This document is used to modify or change the placement of a child who is in the custody of the state. The document outlines the legal rights of the child and their family, and outlines the process for requesting a modification of the placement. The order can be used to modify the placement from foster care to a family-based setting, from one family-based setting to another, or to change the living arrangement of a child who is placed with a relative or other caretaker. There are three types of New York Close to Home — Order on Petition to Modify Placement: Order on Petition to Change Placement, Order on Petition to Establish Placement, and Order on Petition to Terminate Placement.

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FAQ

Close to Home allows young people found to need a period of out-of-home placement by the Family Court to be placed in residential programs closer to their families and communities.

In the family law arena, changes that affect the family dynamic are referred to as a ?material and substantial change in circumstances? and can warrant a change, or modification, to an existing court order.

Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.

Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.

If your current child custody arrangement is no longer working, it is your right to petition the court for a modification. In order to do so, the change must be in your child's best interests, and you must be able to show that substantial change of circumstances has taken place.

Can My Spouse and I Just Agree to a Change in Custody? You and your spouse must still get approval of the court for child custody modification. If both parents can agree to a change in child custody, a New York court will usually allow it, but only if it is in the best interests of the child.

A significant change in circumstances, family law A parent has relocated; A parent has lost their job; A parent has remarried; When children have expressed a wish to spend time with or live with a different parent.

Thus, the requesting party must show that a change is justified. Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

More info

1: Fill out the forms. Wisconsin courts cannot modify child placement within the first two years after the final judgment determining legal custody or physical placement.A parent may file a motion to modify the order pro se with the local County Clerk of Court's office. A Motion to Modify Child Custody (CAFC101) form is the pleading filed with the court to make changes in the best interest of your child. You should file a form called the JV-180 Request to Change Court Order for important issues that need to be addressed immediately. One or both parents can file a motion to change custody and placement. The court will be likely to accept it if it is in the best interest of the child. No responsible adult can be found to take custody of the juvenile. Close relative adoptions . Close relative adoptions .

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New York Close to Home - Order on Petition to Modify Placement