Petition For Modification Of Order Of Page 3

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General Form GF-40
Page 3
7. [Applicable where Order or judgment had been issued by Supreme Court; delete if inapplicable]:
Under the terms of the
judgment
order , the Supreme Court
has not retained exclusive jurisdiction to modify the
judgment
order .
8. (Upon information and belief) Since the entry of the
judgment
order, there has been a
change of circumstances in that [specify]:
9. Because of this change of circumstances, the
judgment
order should be modified as
follows [specify]:
10. [Applicable to cases in which petitioner is a relative or other non-parent seeking to modify a
custody order and where a child protective petition or permanency hearing report has been filed regarding
the children; delete if inapplicable]:
a.
A child protective petition, Docket # [specify]:
, was filed in Family
Court, [specify county]:
on [specify date]:
alleging that [specify names of
respondents on that petition]:
neglected or abused the above-named child(ren). The petition resulted in [specify whether finding was
made and, if so, the disposition; if the disposition has been adjourned pending a consolidated hearing with
this petition, pursuant to F.C.A. §1055-b, so indicate and give next court date]:
b. A permanency report, Docket # [specify]:
, pursuant to Article 10-A of the
Family Court Act, was filed in Family Court, [specify county]:
on [specify date]:
indicating a permanency plan of custody of the child(ren) with Petitioner in this proceeding. The
permanency hearing was adjourned to [specify date]:
pending a consolidated hearing
with this custody modification petition, pursuant to F.C.A. §1089-a.
c. The child’s birth mother
has
has not consented to the modification of the custody
order to award custody to the Petitioner. If not, the following extraordinary circumstances support
Petitioner’s standing to seek custody of the child(ren) [specify]:
d. The child’s legally-established birth father
has
has not consented to the modification
of the custody order to award custody to the Petitioner. If not, the following extraordinary circumstances
support Petitioner’s standing to seek custody of the child(ren) [specify]:
e. The child has been living with the following foster parent(s)[specify]:
since [specify date]: The foster parent(s)
has/have
has/have not consented to the modification of

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