The New York Parenting Plan form is a crucial document designed for separated or divorced parents, outlining how they will share responsibilities and time with their child(ren). It covers detailed arrangements including daily schedules, holidays, and special occasions to ensure the child's best interests are prioritized. Ensure a smoother co-parenting journey by carefully filling out the form—click the button below to get started.
Navigating through the complexities of determining the best arrangement for children after a separation or divorce can be a daunting task for parents in New York. The New York Parenting Plan form serves as a crucial tool in this process, guiding separated parents in outlining the care, custody, and financial responsibilities for their children. It emphasizes the need for a structured approach to parenting time schedules, holiday arrangements, and special occasions, ensuring the child's welfare and needs are front and center. The plan allows for detailed specifications regarding weekday and weekend schedules, summer and holiday arrangements, and how special days like birthdays and school vacations are to be handled. It also addresses the alternating of significant holidays between parents, aiming to maintain a fair and consistent lifestyle for the children involved. Through proposed schedules and agreements, the plan works as a mediator between both parties, fostering an environment where co-parenting can thrive while minimizing conflicts. It is a comprehensive document that not only accommodates the parent's availability and wishes but, more importantly, prioritizes the best interests of the child or children at the heart of the agreement.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - PART
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X
Plaintiff,
Index No.
-against-
PARENTING PLAN
Defendant.
---------------------------------------------------------------------------X
This Plan is: Proposed by Plaintiff. Proposed by Defendant.
1.INFORMATION ABOUT THE CHILD[REN]:
Full Name
Date of Birth
Gender
2.PARENTING TIME SCHEDULE:
2.1Weekday and Weekend Schedule.
Our child[ren] will be in the care of
(list days
of
(name of parent)
week and times):
(list
days
(other parent’s name)
of week and times):
2.2Summer Schedule.
Choose One:
The schedule described above in Section 2.1 will continue throughout the summer except that
OR
The schedule for time with our child[ren] will be different during the summer than it is in the winter (describe below):
days of the week and times):
AND
Our child[ren] will be in care of
of the week and times):
PARENTING PLAN REV 6/13
page 2.
2.3Holiday Schedule.
The following holiday schedule will take priority over the regular weekday, weekend, and summer schedules discussed above. If a holiday is not specified as even, odd or every year with one parent, then our child[ren] will remain with the parent they are normally scheduled to be with.
Check One or Both:
When parents are using an alternating weekend plan and the holiday schedule would result in one parent having the child[ren] for three weekends in a row, the alternating weekend pattern will restart, so neither parent will go without having the child[ren] for more than two weekends in a row.
If a parent has our child[ren] on a weekend with an unspecified holiday or non-school day attached, they shall have our child[ren] for the holiday or non-school day.
Fill in the blanks below with the parent’s name to indicate where the child[ren] will be for the holidays. Provide beginning and ending times.
Holidays
Even Years
Odd Years Every Year
Beginning/Ending Times
Mother’s Day
Father’s Day
Thanksgiving
For Thanksgiving,
Christmas Eve
Christmas Eve,
Christmas, New
Christmas
Year’s Eve, and
New Year’s, PROVIDE
New Year’s Eve
ADDITIONAL DETAILS
BELOW in SECTIONS
New Year’s
2.4 and 2.5
Martin Luther
King Day
President’s Day
page 3.
Easter
Memorial Day
Fourth of July
Labor Day
Halloween
Veteran’s Day
Other:
2.4Thanksgiving. Details for sharing time with the child[ren] during this holiday are:
2.5Winter Break (Christmas, New Year’s, and School Vacation).
Our child[ren] will be in the care of each parent according to the schedule described in Section 2.1.
Our child[ren] will spend half of Winter Break with each parent on a schedule that is consistent with the alternating holidays described above.
Other: Details for sharing time with the child[ren] during Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day and school vacation are:
page 4.
2.6Spring Break.
Our child[ren] will alternate spending spring break with each parent (indicate which parent).
With
Our child[ren] will spend half of spring break with each parent (provide details):
2.7Child[ren]’s Birthdays. Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Sections 2.1 and 2.2.
Our child[ren]’s birthdays will be planned so that both parents participate in the birthday celebration.
page 5.
Our child[ren] will celebrate birthdays according to the following plan (indicate which parent has the child[ren], and any other important details.:
2.8Other Holiday and Vacations. Details for sharing time with the child[ren] during other holidays or vacation are:
2.9Number of Overnights.
Our schedule for sharing time with our child[ren] results in our child[ren]
spending
overnights in the home of
(name of
one parent) and
(name of other parent).
2.10Primary Residence (Optional).
We agree that our child[ren] shall primarily reside with (name of one parent).
We agree that neither residence shall be considered the “primary” residence.”
2.11Alternate Care (Optional).
We choose not to specify arrangements for alternate care.
Our arrangements for alternate care are:
page 6.
2.12Temporary Changes to the Schedule.
Any schedule for sharing time with our child[ren] may be changed as long as both parents agree to the changes ahead of time in writing OR
verbally (choose one).
Activities scheduled during the other parent’s time must be coordinated with the other parent.
Makeup and Missed Parenting Time: Only substantial medical reasons will be considered sufficient for postponement of parenting time. If a child is ill and unable to spend time with a parent, a makeup parenting time will be scheduled. If a parent fails to have the child[ren] during their scheduled parenting time for any other reason, there will be no makeup of parenting time unless the parties agree otherwise in writing.
2.13Permanent Changes to the Schedule.
We understand that, once the judge signs the final judgment in our case and approves this Parenting Plan, any changes that we do not agree on can be made only by applying to the court and proving that there has been a “change in circumstance.”
Before applying to the court, we understand that we can agree to try to resolve our dispute through mediation or other means.
3.DECISION-MAKING:
3.1Day-to-Day Decisions.
Each parent will make day-to-day decisions regarding the care and control of our child[ren] during the time they are caring for our child[ren]. This includes any emergency decisions affecting the health or safety of our child[ren].
3.2.Major Decisions.
page 7.
Major decisions include, but are not limited to, decisions about our child[ren]’s education, non-emergency healthcare, religious training, and extracurricular activities, including summer camp and the need for tutoring.
(parent’s name) shall have sole
decision-making authority on major decisions about our child[ren]. This arrangement is known by the courts as Sole Custody,
Both parents will share in the responsibility for making major decisions about our child[ren]. This arrangement is known by the courts as Joint Custody.
(Choose One).
(Parent’s name) shall always consult with the
other parent prior to making major decisions.
(Parent’s name) shall have the option to consult
with the other parent prior to making major decisions.
Other - - Describe how major decisions will be handled; including dividing the responsibility for major decisions between the parents according to each parent’s strengths/weaknesses:
4.INFORMATION SHARING:
Unless there is court order stating otherwise:
Both parents are entitled to important information regarding our child[ren]
page 8.
including but not limited to, our child[ren]’s current address and telephone number, education, medical, governmental agency, psychological and law enforcement records.
Information about our child[ren]’s progress in school and any school activity is equally available to both parents. Both parents are encouraged to consult with school staff concerning our child[ren]’s welfare and education.
Both parents will immediately notify each other regarding any emergency circumstances or substantial changes in the health of our child[ren].
Both parents will provide each other with contact numbers and addresses and will notify each other of any change in that information within 72 hours of such a change. If either parent takes our child[ren] from their usual place of residence, they will provide the other parent with an emergency contact phone number.
5.RELOCATION OF A PARENT:
5.1Neither parent shall relocate outside his/her immediate vicinity without the prior permission of the other parent or an order of the court.
5.2Other:
6.PARENT-CHILD COMMUNICATION:
Both parents and child[ren] shall have the right to communicate by telephone, in writing or by e-mail during reasonable hours without interference or monitoring by the other parent.
page 9.
Procedures for telephone, written or e-mail access (describe how access will work):
7.EXCHANGE OF OUR CHILD[REN]:
7.1 Choose One:
Both parents will share equally in the responsibility of exchanging our child[ren] from one parent to the other while parents continue to reside in the same locale.
Procedures for exchanging our child[ren] (provide details):
7.2Both parents shall have the child[ren] ready on time with sufficient clothing packed and ready at the agreed-upon time of the exchange.
All clothing that accompanied our child[ren] shall be returned to the other parent.
8.MUTUAL RESPECT:
Parents will not say things or knowingly allow others to say things in the presence of our child[ren] that would take away our child[ren]’s love and respect for the other parent.
9.OTHER TERMS:
Add any other items regarding the child[ren] you would like to include in your
page 10.
Filling out the New York Parenting Plan form is a significant step that requires thoughtful consideration and clear communication between the parties involved. This form is used to establish agreements on how children will be raised and cared for following a separation or divorce. To ensure the welfare of the children, it's pivotal to thoroughly detail each aspect of the parenting plan. Properly completing this form can help prevent misunderstandings and conflicts in the future, henceforth facilitating a smoother transition for the children into their new routine.
Upon completing these steps, review the form to ensure all information is accurate and reflects the agreed-upon plan between both parties. This detailed parenting plan will serve as a guideline for co-parenting and will help in maintaining a structured and stable environment for the children.
What is a Parenting Plan and why is it important?
A Parenting Plan is a document that outlines how parents will raise their child(ren) after separation or divorce. It covers living arrangements, health care, education, and how decisions will be made. It's important because it helps parents agree on the best way to continue raising their children and reduces conflicts by setting clear guidelines and schedules.
How can I choose the right Parenting Time Schedule?
The Parenting Time Schedule should be chosen based on what's best for the child(ren), taking into consideration their needs, routines, and the parents' schedules. Flexibility, fairness, and the child's well-being should guide this decision. It may help to discuss options with the other parent and possibly seek guidance from a mediator or legal professional if needed.
How does the Summer Schedule differ from the regular schedule?
The Summer Schedule can either continue the regular schedule or introduce a different arrangement, allowing for extended time with each parent, vacations, or camps. This flexibility accommodates the change in the child’s routine during summer break, ensuring they continue to spend quality time with both parents.
What is the Holiday Schedule and how does it work?
The Holiday Schedule outlines where the child(ren) will spend holidays, superseding the regular schedule. It includes specific holidays and allows parents to alternate holidays or share them in a way that ensures the child(ren) spend time with both parents. Special arrangements can also be made for long weekends or unspecified holidays connected to the regularly scheduled time.
Can we modify the Parenting Plan?
Yes, the Parenting Plan can be modified if both parents agree on the changes. Changes should be made in writing and, ideally, filed with the court that issued the original plan. This ensures that the new terms are enforceable and clearly understood by both parties.
What happens if a parent does not follow the Parenting Plan?
If a parent doesn't follow the Parenting Plan, the other parent may seek enforcement from the court. The court may require mediation, issue orders for compliance, and in some cases, modify the parenting plan to better serve the child's needs or to accommodate non-compliant behavior.
How should special occasions like birthdays be handled according to the Parenting Plan?
Special occasions like birthdays can be shared between the parents according to existing schedules, or arrangements can be made for both parents to participate in the celebration. The plan offers flexibility to ensure that both parents can be part of important milestones in their child's life.
Is it required to have a Parenting Plan in New York?
While New York does not legally require a Parenting Plan in every case, having one is highly recommended. It provides a clear framework for co-parenting, minimizes disputes, and most importantly, serves the best interests of the child(ren) by ensuring their stable and continuous care.
When filling out the New York Parenting Plan form, many people make avoidable mistakes that can lead to misunderstandings or disputes later on. Understanding these common errors can help parents create a more effective and clear plan for their family's needs.
One frequent mistake is vagueness in the parenting time schedule. Parents sometimes list general terms like "reasonable visitation" without specifying what days and times this involves. This lack of detail can cause confusion and disagreements. It's crucial to be as specific as possible, detailing weekdays, weekends, and holiday schedules to prevent potential conflicts.
Another common error is not considering the child's schedule in the planning. As children grow, their interests, activities, and school commitments change. Failing to account for these changes in the parenting plan can lead to logistical issues and added stress for the child. It's important to regularly review and adjust the parenting plan to align with the child's current needs and activities.
Some parents make the mistake of not addressing vacation and holiday schedules adequately. Holidays, school breaks, and special occasions require specific consideration to ensure both parents have meaningful time with their child. Neglecting to detail provisions for these times can lead to last-minute disputes. Clearly dividing holidays, birthdays, and vacations can help maintain a balanced relationship for everyone involved.
There is often an overlooked need for flexibility in the parenting plan. Life is unpredictable, and circumstances change, so including provisions for unexpected events is essential. Without an agreement on how to handle changes, parents may find themselves in frequent disagreements. Establishing guidelines for modifications can provide a framework that helps parents navigate unforeseen changes more smoothly.
Many people fail to include provisions for communication between the child and the non-custodial parent. It's important for children to feel connected to both parents, regardless of where they are living at any given time. Specifying forms of communication (like phone calls, video chats, or texts) and their frequency ensures that the child maintains a healthy relationship with both parents.
Last but not least, a significant mistake is not considering the logistics of exchanges. Transitions between homes can be stressful for a child, especially if the logistics are inconvenient or contentious. Outlining clear, practical details about where and when exchanges will take place helps to minimize stress on the child and prevent conflicts between parents. Also, considering proximity to schools and activities when planning exchanges can make transitions smoother for the child.
Acknowledging and avoiding these common mistakes when completing the New York Parenting Plan form can lead to a more cohesive and functional arrangement, benefiting the child and parents alike. It encourages a collaborative approach to parenting, even in separate households, and can significantly reduce potential conflicts.
The New York Parenting Plan form is a critical document for separated or divorced parents in New York, detailing the custody and visitation agreements for their children. However, to fully execute and complement the terms laid out in the Parenting Plan, several other forms and documents are often used in conjunction to ensure all aspects of the child's welfare and the parents' obligations are comprehensively addressed. Understanding these supplementary documents can provide clarity and enforceability to the arrangements agreed upon by both parties.
Each document plays a vital role in ensuring that the care and support of children are managed effectively and fairly, according to New York law. By carefully preparing and utilizing these forms in conjunction with the New York Parenting Plan form, parents can create a strong foundation for co-parenting that prioritizes the well-being and best interests of their children.
A document similar to the New York Parenting Plan form is a Child Custody Agreement. Both detail how parents will share responsibility and time with their children after a separation or divorce. They outline specific provisions for where the children will live, schedules for visitation, and how holidays will be managed, prioritizing the children's needs and ensuring a stable environment for them to grow up in. These agreements serve as a foundation for co-parenting, providing a structured plan that helps reduce conflicts and misunderstandings.
Another document closely related to the New York Parenting Plan is a Visitation Schedule. This document focuses explicitly on the time children spend with each parent, similar to sections within the parenting plan that address weekday, weekend, summer, holiday, and vacation schedules. It delineates when and where children will spend their time, including pickup and drop-off arrangements, ensuring both parents have meaningful time with their children. The visitation schedule is crucial for maintaining strong parent-child relationships post-divorce or separation.
The Marital Settlement Agreement (MSA) also has similarities to the New York Parenting Plan, particularly in sections that deal with children's welfare in divorce. MSAs broadly cover the division of assets, spousal support, and child support in addition to custody and visitation agreements. While the parenting plan zeroes in on the day-to-day and long-term parenting arrangements, the MSA encompasses this alongside other divorce-related agreements, providing a comprehensive outline of the post-divorce situation.
A Shared Parenting Agreement is another document reflecting the New York Parenting Plan's intentions. Such agreements detail how parents will collaborate to raise their children, emphasizing shared responsibilities, decision-making, and time spent with the children. Similar to the parenting plan, it fosters a cooperative parenting approach, ensuring both parents play active roles in their children's lives, despite living in separate households.
The Holiday Schedule is a component often found within a parenting plan but can also stand alone as its own agreement, paralleling features in the New York document. It specifies where children will spend holidays, special occasions, and school breaks, ensuring these arrangements are clear and agreed upon in advance. This schedule aims to minimize conflicts and ensure children enjoy holidays with both parents in a fair and predictable manner.
A Parenting Time Modification Agreement also shares similarities with the New York Parenting Plan form, especially when changes are needed due to evolving circumstances. This document allows parents to officially modify previously agreed-upon schedules, adapting to children's changing needs and parents' situations. It underscores the dynamic aspect of co-parenting, allowing for adjustments while maintaining a structured approach to raising children post-separation or divorce.
Lastly, a Co-Parenting Agreement, while encompassing a broader range of co-parenting aspects, aligns with the spirit of the New York Parenting Plan by outlining how parents will communicate, make decisions, and resolve disputes regarding their children. It aims to create a cooperative parenting environment, encouraging parents to work together for their children's best interests, similar to how the parenting plan structures time and decision-making between parents.
When you’re filling out the New York Parenting Plan form, making sure every detail aligns with the needs of your child(ren) is crucial. This plan sets the foundation for how you and the other parent will share time and make decisions for your child(ren). Here are some essential dos and don’ts to keep in mind:
What you should do:
What you shouldn’t do:
When navigating the complexities of the New York Parenting Plan form, numerous misconceptions can arise. Understanding these inaccuracies is crucial for parents looking to create an effective and fair plan for their children.
It's only required for contentious cases. Some people mistakenly believe that a parenting plan is only necessary when parents can't agree on custody terms. In truth, New York encourages all divorcing parents to develop a parenting plan to ensure clarity and consistency for the children involved, regardless of the parents' relationship.
It's too rigid to accommodate real life. Another misconception is that once a parenting plan is in place, it cannot be adjusted. However, the plan is designed to be a living document that can evolve as children grow and circumstances change, as long as both parents agree to the modifications.
It covers only physical custody arrangements. Many assume the parenting plan solely addresses where the children will live. While it does include a detailed schedule for parenting time, it also covers other important aspects of custody, such as decision-making responsibilities and communication methods between parents.
The terms are legally binding and enforceable by law. While the intention is for the parenting plan to be a formal agreement, its terms become legally binding only if a judge approves them. Until then, it serves as a proposal that can guide mediation or court decisions.
It must be filled out entirely by parents without legal help. While the form is designed to be comprehensive, seeking legal advice or mediation services to fill it out is not only allowed but often recommended, especially in complex situations.
The court will decide if parents can't agree. Many believe that if they cannot agree on the terms of the parenting plan, the court will immediately make a decision for them. In reality, courts often require parents to undergo mediation first to try to reach an agreement, using the court as a last resort.
Holiday schedules must alternate yearly. There's a common belief that the parenting plan requires holiday time with children to be split and alternated between parents every other year. While this is one option, the form actually allows for flexibility. Parents can decide on any arrangement that works best for their situation, including splitting holidays, spending them together as a family, or even keeping a consistent holiday schedule with one parent.
Understanding these misconceptions can help parents approach the New York Parenting Plan form with realistic expectations and a focus on what is best for their children.
When it comes to filling out and using the New York Parenting Plan form, it is crucial for caregivers to approach this document with great care and attention to detail. The parenting plan serves as a blueprint for how children will be raised and cared for following a separation or divorce. Here are several key takeaways that can help ensure the creation of a comprehensive and effective plan.
Creating a comprehensive parenting plan is a thoughtful process that requires consideration of many factors to best support the child’s well-being and maintain a healthy relationship with both parents. Attention to detail, willingness to collaborate, and prioritizing the interests of the child(ren) are crucial in developing an effective plan.
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