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The New York Parenting Plan form serves as a crucial tool for parents navigating custody arrangements. This document outlines key aspects of a child's living situation, ensuring that both parents have a clear understanding of their responsibilities and rights. It begins by gathering essential information about the child or children involved, such as their full names, dates of birth, and genders. The form then details the parenting time schedule, which includes weekday and weekend arrangements, summer plans, and holiday schedules. Parents can specify which days and times the child will be in their care, allowing for a structured approach to parenting time. Additionally, the holiday schedule takes precedence over regular arrangements, ensuring that special occasions are thoughtfully planned. Provisions for sharing time during significant holidays, such as Thanksgiving and Christmas, are also included, along with options for how to handle the children's birthdays. By addressing these vital components, the New York Parenting Plan form aims to foster cooperation and clarity between parents, ultimately prioritizing the well-being of the child or children involved.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - PART
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Plaintiff, |
Index No. |
PARENTING PLAN
Defendant.
This Plan is: Proposed by Plaintiff. Proposed by Defendant.
1.INFORMATION ABOUT THE CHILD[REN]:
Full Name |
Date of Birth |
Gender |
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2.PARENTING TIME SCHEDULE:
2.1Weekday and Weekend Schedule.
Our child[ren] will be in the care of |
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(list days |
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of |
(name of parent) |
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week and times): |
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Our child[ren] will be in the care of |
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(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):
Our child[ren] will be in the care of |
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(list |
(name of parent)
days of the week and times):
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Our child[ren] will be in care of |
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(list days |
(other parent’s name)
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
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 |
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Odd Years Every Year |
Beginning/Ending Times |
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Mother’s Day |
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Father’s Day |
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Thanksgiving |
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For Thanksgiving, |
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Christmas Eve |
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Christmas Eve, |
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Christmas, New |
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Christmas |
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Year’s Eve, and |
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New Year’s, PROVIDE |
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New Year’s Eve |
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ADDITIONAL DETAILS |
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BELOW in SECTIONS |
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New Year’s |
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2.4 and 2.5 |
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Martin Luther |
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King Day |
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President’s Day |
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PARENTING PLAN REV 6/13 |
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).
Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Section 2.1.
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Our child[ren] will spend half of Winter Break with each parent on a schedule that is consistent with the alternating holidays described above.
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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:
PARENTING PLAN REV 6/13 |
page 4. |
in even years. in odd years.
2.6Spring Break.
Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Section 2.1.
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Our child[ren] will alternate spending spring break with each parent (indicate which parent).
With
With
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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.
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Our child[ren]’s birthdays will be planned so that both parents participate in the birthday celebration.
OR
PARENTING PLAN REV 6/13 |
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 |
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overnights in the home of |
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(name of |
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one parent) and |
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overnights in the home of |
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(name of other parent). |
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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:
PARENTING PLAN REV 6/13 |
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.
3.1
Each parent will make
3.2.Major Decisions.
PARENTING PLAN REV 6/13 |
page 7. |
Major decisions include, but are not limited to, decisions about our child[ren]’s education,
Choose One: |
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(parent’s name) shall have sole |
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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.
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(Choose One). |
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(Parent’s name) shall always consult with the |
other parent prior to making major decisions. |
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(Parent’s name) shall have the option to consult |
with the other parent prior to making major decisions.
OR
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]
PARENTING PLAN REV 6/13 |
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.
Choose One:
Both parents and child[ren] shall have the right to communicate by telephone, in writing or by
OR
PARENTING PLAN REV 6/13 |
page 9. |
Procedures for telephone, written or
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.
OR
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
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
PARENTING PLAN REV 6/13 |
page 10. |
Form Specifications
| Fact Name | Description |
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| Governing Law | The Parenting Plan form is governed by New York Domestic Relations Law. |
| Purpose | This form outlines a parenting plan for the care and custody of children following separation or divorce. |
| Information Section | It requires full names, dates of birth, and genders of the children involved. |
| Parenting Time Schedule | The form includes a detailed schedule for weekday, weekend, summer, and holiday parenting time. |
| Alternating Weekend Clause | It contains provisions to prevent one parent from having the children for three consecutive weekends. |
| Holiday Prioritization | The holiday schedule takes precedence over regular schedules, ensuring clarity during special occasions. |
| Customizable Sections | Parents can customize the holiday and vacation schedules to fit their unique circumstances. |
| Child’s Birthdays | It provides options for how parents will share responsibilities and celebrations for their children’s birthdays. |
| Submission | The completed form must be submitted to the court as part of custody proceedings. |
| Updates | The form is periodically revised to reflect changes in laws or best practices in parenting arrangements. |
New York Parenting Plan: Usage Guidelines
Once the New York Parenting Plan form is filled out, it will need to be submitted to the court as part of the custody proceedings. This plan outlines the agreed-upon arrangements regarding the care and time spent with the child(ren). It is important to ensure that all sections are completed accurately to reflect the best interests of the child(ren).
- Begin by indicating who is proposing the plan. Check the box for either Plaintiff or Defendant.
- Provide Information About the Child(ren):
- Enter the full name of each child.
- Fill in the date of birth for each child.
- Specify the gender of each child.
- Outline the Parenting Time Schedule:
- In Section 2.1, list the days of the week and times each parent will care for the child(ren).
- In Section 2.2, choose whether the weekday/weekend schedule continues in the summer or differs. Provide details if it differs.
- In Section 2.3, establish the holiday schedule. Indicate where the child(ren) will be during holidays and provide beginning and ending times.
- Detail any specific arrangements for Thanksgiving in Section 2.4.
- In Section 2.5, decide how the child(ren) will spend the Winter Break. Choose the applicable option and provide details.
- For Spring Break in Section 2.6, select how the child(ren) will be cared for and provide necessary details.
- In Section 2.7, determine how the child(ren)’s Birthdays will be celebrated. Choose the appropriate option.
Your Questions, Answered
What is the New York Parenting Plan form?
The New York Parenting Plan form is a document used by parents to outline the custody and visitation arrangements for their children. It helps clarify each parent's responsibilities and the schedule for parenting time, including weekdays, weekends, holidays, and special occasions.
Who should complete the Parenting Plan form?
Both parents involved in the custody arrangement should complete the form. It can be proposed by either the plaintiff or the defendant in a custody case. Collaboration is encouraged to ensure the best interests of the child are prioritized.
What information is required about the child?
The form requires basic information about the child or children, including their full names, dates of birth, and gender. This information is essential for accurately identifying the children involved in the custody arrangement.
How is the parenting time schedule structured?
The parenting time schedule includes sections for weekday and weekend arrangements, summer schedules, and holiday plans. Parents must specify which days and times each parent will have the children, ensuring clarity and consistency.
What should I include in the holiday schedule?
The holiday schedule should indicate which parent will have the children during specific holidays. Parents can choose whether to alternate holidays or follow a consistent pattern. Details such as beginning and ending times for each holiday should also be provided.
Can the Parenting Plan be modified later?
Yes, the Parenting Plan can be modified if circumstances change. It’s important to communicate with the other parent and, if necessary, seek court approval for any significant changes to ensure they are legally recognized.
What happens if the parents disagree on the Parenting Plan?
If parents cannot agree on the Parenting Plan, they may need to seek mediation or court intervention. The court will ultimately decide based on the best interests of the child, considering factors like stability and the child's relationship with each parent.
Are there any specific details for school breaks?
Yes, the form includes sections for winter break, spring break, and other school vacations. Parents should specify how the children will be cared for during these times, whether it’s alternating breaks or sharing time equally.
What if my child has a birthday during the year?
Parents should outline how they will celebrate their child's birthday in the Parenting Plan. Options include alternating years or ensuring both parents participate in the celebration, fostering a positive environment for the child.
Common mistakes
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Failing to provide complete information about the child(ren), such as full names, dates of birth, and gender. This information is essential for the court to understand who the plan concerns.
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Not specifying the parenting time schedule clearly. Vague descriptions can lead to confusion and disputes later on.
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Overlooking the summer schedule. Parents must indicate whether the regular schedule will change during the summer months.
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Neglecting to detail the holiday schedule. Each holiday should be clearly defined to avoid misunderstandings.
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Forgetting to address alternating weekends in the holiday schedule. This can create an unfair situation if one parent ends up with the child(ren) for too long.
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Not including specific times for when the child(ren) will be with each parent during holidays. This lack of detail can lead to arguments.
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Ignoring the importance of birthdays. Parents should outline how they will celebrate their child(ren)'s birthdays together or separately.
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Failing to address school breaks, such as winter and spring breaks, in the plan. These are critical times for children and should be clearly defined.
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Not reviewing the plan for consistency. Ensure that the schedules align with one another and do not contradict previous sections.
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Submitting the form without double-checking for errors. Typos or missed information can delay the process and cause complications.
Documents used along the form
When navigating the complexities of child custody and parenting arrangements in New York, several forms and documents often accompany the New York Parenting Plan form. Each of these documents serves a specific purpose, helping parents outline their responsibilities and rights regarding their children. Below is a list of commonly used forms that may be beneficial in conjunction with the Parenting Plan.
- Child Custody Agreement: This document outlines the specific custody arrangements between parents, detailing who has legal and physical custody of the child(ren) and the terms of that custody.
- Visitation Schedule: A detailed plan that specifies the times and conditions under which the non-custodial parent can visit the child(ren), ensuring clarity and consistency.
- Child Support Agreement: This form establishes the financial responsibilities of each parent regarding the upbringing of their child(ren), including payment amounts and schedules.
- Modification of Parenting Plan: If circumstances change, this document allows parents to request changes to the existing parenting plan, reflecting new arrangements or needs.
- Parenting Coordinator Agreement: This form is used when parents agree to involve a third-party coordinator to help resolve disputes related to parenting time and responsibilities.
- Emergency Contact Information: A simple document that lists emergency contacts for the child(ren), ensuring that both parents are informed and prepared in case of an emergency.
- School Enrollment Agreement: This document outlines the agreement between parents regarding the school their child(ren) will attend, including decisions about educational needs and extracurricular activities.
- Health Care Authorization: This form grants permission for one parent to make medical decisions for the child(ren) in the event of an emergency or when the other parent is unavailable.
- Travel Consent Form: If a parent wishes to take the child(ren) out of state or internationally, this document provides the necessary consent from the other parent to avoid legal issues.
- Family Court Petition: This is a formal request to the court for a specific order regarding custody, visitation, or child support, often used when parents cannot agree on terms.
Utilizing these forms in conjunction with the New York Parenting Plan can help ensure a smoother process for both parents and their children. Each document plays a vital role in clarifying responsibilities and fostering cooperation, ultimately benefiting the child's well-being.
Similar forms
The New York Parenting Plan form shares similarities with several other legal documents designed to outline parenting arrangements and responsibilities. Here are six documents that are comparable, along with explanations of their similarities:
- Child Custody Agreement: Like the Parenting Plan, a Child Custody Agreement details the arrangements for the care and upbringing of children following a separation or divorce. It typically includes information about physical and legal custody, visitation schedules, and decision-making responsibilities.
- Visitation Schedule: A Visitation Schedule is similar to the Parenting Plan in that it specifies the times and conditions under which a non-custodial parent can visit their child. Both documents aim to ensure that children maintain relationships with both parents while providing clear guidelines for visitation.
- Separation Agreement: A Separation Agreement often includes parenting arrangements, making it similar to the Parenting Plan. This document outlines the terms of separation, including child custody, support, and visitation, ensuring that both parties understand their rights and obligations.
- Divorce Decree: A Divorce Decree finalizes the terms of a divorce and may include child custody and visitation arrangements. Like the Parenting Plan, it serves to protect the best interests of the child by clearly defining parental responsibilities and schedules.
- Child Support Agreement: While primarily focused on financial obligations, a Child Support Agreement can accompany a Parenting Plan. Both documents are often part of the same legal proceedings and work together to ensure that the child's needs are met, both emotionally and financially.
- Co-Parenting Plan: A Co-Parenting Plan is designed for parents who share custody and want to work together in raising their children. Similar to the Parenting Plan, it outlines schedules, communication methods, and decision-making processes to foster a cooperative parenting relationship.
Dos and Don'ts
When filling out the New York Parenting Plan form, it is essential to approach the process thoughtfully. Here are six guidelines to help ensure that the form is completed accurately and effectively.
- Do provide complete and accurate information about your child(ren). Include their full names, dates of birth, and gender. This information is crucial for establishing a clear understanding of the family situation.
- Do communicate openly with the other parent. Discuss the parenting time schedule and reach an agreement that reflects the best interests of your child(ren). Collaboration can lead to a more harmonious arrangement.
- Do be specific when detailing the parenting time schedule. Clearly outline the days and times each parent will be responsible for the child(ren). This clarity helps prevent misunderstandings in the future.
- Don’t leave any sections blank. Every part of the form is important, and omitting information can lead to delays or complications in the approval process.
- Don’t use vague language. When describing schedules or arrangements, avoid general terms. Instead, use precise language that accurately reflects your intentions.
- Don’t forget to consider holidays and special occasions. Clearly outline how time will be shared during these periods, ensuring that both parents have an opportunity to participate in meaningful family traditions.
By following these guidelines, you can help create a parenting plan that serves the best interests of your child(ren) while also fostering a cooperative relationship with the other parent.
Misconceptions
- Misconception 1: The Parenting Plan is only for divorcing parents.
- Misconception 2: The Parenting Plan is legally binding.
- Misconception 3: The Parenting Plan is too complicated to fill out.
- Misconception 4: Only one parent needs to fill out the form.
- Misconception 5: The Parenting Plan is only about visitation schedules.
- Misconception 6: Changes to the Parenting Plan are impossible once filed.
- Misconception 7: The Parenting Plan does not consider the child's needs.
- Misconception 8: The Parenting Plan is a one-time document.
This form is useful for any parents who are separating, not just those who are going through a divorce. It helps both parents outline their responsibilities and schedules regarding their children.
While the Parenting Plan can be submitted to the court, it is not automatically a legally binding document. For it to have legal weight, it must be approved by a judge.
The form is designed to be straightforward. It asks for basic information about the children and the proposed schedule, making it accessible for most parents.
Both parents should participate in creating the Parenting Plan. Collaboration ensures that both voices are heard and helps foster a cooperative co-parenting relationship.
While visitation is a key part, the plan also addresses holidays, special occasions, and other important aspects of child-rearing. It provides a comprehensive view of parenting responsibilities.
Parents can request changes to the Parenting Plan if circumstances change. However, any modifications must be approved by the court to be enforceable.
The plan is intended to prioritize the child's best interests. Parents are encouraged to consider their child's needs, preferences, and routines when filling it out.
The Parenting Plan can evolve as the child grows and circumstances change. Regular reviews and updates are beneficial to ensure it remains relevant.
Key takeaways
Creating a New York Parenting Plan is an important step for parents navigating custody arrangements. Here are key takeaways to keep in mind when filling out and using the form:
- Identify the Plan Origin: Clearly state whether the plan is proposed by the plaintiff or the defendant. This sets the stage for the agreement.
- Provide Complete Information: Fill in full names, dates of birth, and genders of all children involved. Accurate details are essential for clarity.
- Outline Parenting Time: Specify the weekday and weekend schedule for each parent. This includes exact days and times when the children will be in each parent's care.
- Consider Summer Schedules: Decide if the existing schedule will continue during summer or if it will change. Clearly describe any differences.
- Establish Holiday Priorities: Create a holiday schedule that takes precedence over regular schedules. This helps avoid confusion during special occasions.
- Detail Holiday Arrangements: For each holiday, include which parent will have the children and provide specific times for pick-up and drop-off.
- Plan for Birthdays: Decide how birthdays will be celebrated. Ensure both parents have the opportunity to participate, fostering a sense of unity.
- Address Special Days: Include arrangements for significant days like school vacations, spring break, and other important events to ensure smooth transitions.
- Be Flexible: Parenting plans may need adjustments over time. Maintain open communication with the other parent to accommodate changes as needed.
By keeping these takeaways in mind, parents can create a comprehensive and effective Parenting Plan that serves the best interests of their children.