What is a V-Docket in Family Law?

A V-Docket relates to custody and visitation.

Before you can fight for custody, you must establish that you are a parent. That usually means having one of the following:

• A DNA test and an order of affiliation;
• A birth certificate plus a properly signed Acknowledgment of Paternity; or
• Some other legal recognition that you are the parent.

Here’s a common scenario: a couple has children, they’re not married, they break up, and one parent moves out with the kids. The other parent wants to see the children. In New York, that parent files something called a V-Docket:

• A visitation V-Docket says: “I want to see my child. Here is the proof that this is my child, and the other parent is not letting me.”
• A custody V-Docket is a petition asking the court to decide who should have custody.

Custody is based on the best interests of the child. In real terms, that means the court looks at:

• Who primarily cares for the child,
• Who supports the child,
• Who interacts and spends time with the child,
• Who knows about the child’s school, doctors, friends, and day-to-day life.

If you want to be a parent in the eyes of the court and fight for parentage or custody, you need to be actively involved and know these things. Saying “I don’t know because the other parent never told me” is usually not a convincing excuse.