The New York Parenting Plan form is a document proposed within the Supreme Court of the State of New York, typically within a divorce or custody case. It outlines a comprehensive arrangement for the parenting time schedule, holidays, and any special considerations for the child(ren) involved between the parents. These plans serve to establish a clear, agreed-upon guideline for co-parenting, specifying everything from weekday schedules to how holidays, birthdays, and breaks are to be managed.
The Supreme Court of the State of New York introduces a structured approach to parenting post-divorce or separation with the New York Parenting Plan form. This document is pivotal for parents navigating the complexities of co-parenting, allowing for a clear, agreed-upon schedule that ensures the best interests of the child(ren) are at the forefront. It includes comprehensive sections such as personal information about the child(ren), detailed parenting time schedules for weekdays, weekends, and holidays, and allocates time during school breaks and special occasions like birthdays. The form offers flexibility, providing options for different time-sharing arrangements during summer and winter breaks, thereby recognizing the dynamic nature of family life and the importance of maintaining meaningful relationships between the child(ren) and both parents. Whether proposed by the plaintiff or defendant, this plan serves as a vital tool in reducing conflicts, fostering cooperation, and enhancing the well-being of all involved, especially the children.
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.
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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.
When parents are navigating the complexities of sharing custody, creating a comprehensive parenting plan is a fundamental step towards ensuring clarity and stability for their children. The New York Parenting Plan form is designed to establish a framework for how parents will share custody, including the schedule for the children, holiday arrangements, and how decisions about the children will be made. It's a critical document that requires careful consideration and a thorough understanding of the family's unique needs. Proceeding with a detailed plan can make all the difference in fostering a cooperative parenting environment post-divorce or separation.
Once the New York Parenting Plan form is filled out, it becomes a vital document for guiding how parents will co-parent moving forward. It’s essential to approach this task with a focus on what's best for the children, ensuring they have a stable, supportive environment post-separation. Reviewing the plan periodically and making adjustments as needed can help address the changing needs of the children and the family dynamics.
What exactly is a Parenting Plan in New York?
A Parenting Plan in New York is a legal document that outlines how parents will raise their children after separation or divorce. It covers information about child care, living arrangements, visitation schedules, and how decisions about the child will be made. The plan is designed to ensure the child's needs are met and that they maintain a stable relationship with both parents.
Who needs to fill out the New York Parenting Plan form?
Any separating or divorcing parents in the State of New York with minor children need to complete the Parenting Plan form. This form helps both parents agree on the care and raising of their children post-separation or divorce.
Can parents customize the Parenting Plan?
Yes, parents are encouraged to customize their Parenting Plan to fit the unique needs of their children. While the form provides a structure and important considerations, every family situation is different. Parents should work together to adjust schedules, holidays, and decision-making processes to best benefit their child.
What if parents cannot agree on a Parenting Plan?
If parents are unable to agree on a Parenting Plan, they might need to seek mediation or legal counsel. In some cases, the court may intervene and make decisions based on what's in the best interest of the child. It's important for parents to try to work together to avoid this scenario.
How does the holiday schedule work within the Parenting Plan?
The holiday schedule outlines where the child will spend holidays, specifying even, odd, or every year for each event. This schedule takes precedence over regular visitation times to ensure both parents have the opportunity to spend special occasions with their child. Additionally, special provisions cover situations like three consecutive weekends with one parent due to holiday overlaps.
Can the Parenting Plan be modified after it's been finalized?
Yes, the Parenting Plan can be modified if both parents agree to the changes, or if one parent can demonstrate to a court that a modification is necessary for the child's best interest. It's wise to review the plan periodically and adjust it as your child grows and their needs change.
What happens during the summer and school breaks according to the New York Parenting Plan?
The Parenting Plan allows for different scheduling during the summer and school breaks. Parents can choose to continue the regular schedule, divide the break equally, or make other arrangements that work better for their family. For spring break and winter holidays like Christmas and New Year’s, specific scheduling options are also provided to ensure the child spends time with both parents.
Are children's birthdays considered in the Parenting Plan?
Yes, the plan addresses the child's birthdays, offering parents the option to maintain the regular schedule, have the child spend the birthday with both parents, or create a unique celebration plan. This ensures that both parents have the opportunity to celebrate these special occasions with their child.
When filling out the New York Parenting Plan form, people often overlook details or make errors that could impact the effectiveness of their plan or even cause legal obstacles down the road. Recognizing and avoiding these common mistakes can save a lot of stress and confusion, ensuring both parents and children understand and are comfortable with the arrangement.
Not being specific enough in scheduling. The form requires detailed information about how children will spend their time, including regular weekdays, weekends, summers, and holidays. Vague descriptions or leaving sections blank can lead to misunderstandings and conflicts.
Forgetting to account for holidays, vacations, and special occasions. It’s essential to detail where and with whom the child will spend holidays, school breaks, and birthdays. Overlooking these details can create potential conflict situations and confusion for the children involved.
Failing to consider transportation and exchange logistics. Understanding who is responsible for dropping off and picking up the children, as well as where and when these exchanges will take place, is crucial. Neglect to outline these specifics can result in practical difficulties and possible disputes.
Ignoring the need for flexibility. While it’s important to be as specific as possible, life is unpredictable. Not including provisions for flexibility or mechanisms for making changes can make the agreement rigid and impractical.
Not addressing communication methods. The plan should specify how parents will communicate about the child’s schedule, activities, and emergencies. Failure to establish clear communication guidelines can lead to misunderstandings and hinder cooperation.
Overlooking the child’s needs and preferences. It is easy to get caught up in legal and logistical details and forget to consider the child's needs, desires, and extracurricular activities. A good parenting plan should always reflect what is in the best interests of the child, including their current routines and need for stability.
Failure to update the plan. As children grow, their needs, interests, and schedules change. Not including a provision for regular review and updates can make the plan outdated and ineffective.
Lack of legal advice. While it might seem straightforward, filling out the parenting plan without legal guidance can lead to inaccuracies, omissions, or terms that are not in your or your child’s best interest. Consulting with a legal professional can help avoid these issues.
Creating a comprehensive and clear parenting plan requires thoughtful consideration and attention to detail. By avoiding these common mistakes, parents can establish a plan that promotes the welfare of their child and reduces the potential for future conflicts.
When navigating through the complexities of family law in New York, especially concerning matters of child custody and parenting agreements, the New York Parenting Plan form is a critical document. This form helps parents outline how they will share parenting time, including specific schedules for weekdays, weekends, holidays, and school breaks. However, to create a more comprehensive and enforceable parenting agreement, several other forms and documents are often used in conjunction. Understanding these accompanying documents can facilitate smoother legal proceedings and ensure all aspects of the parenting agreement are clearly defined and legally recognized.
Together with the New York Parenting Plan form, these documents play a vital role in ensuring that all aspects of a child's care and support are addressed legally and effectively. Their use helps maintain a structured arrangement for parenting time, financial support, and the overall welfare of the child, creating a more stable environment for their development and growth. Engaging with these documents thoughtfully and thoroughly can pave the way for clearer communication and more harmonious relationships moving forward.
The New York Parenting Plan form shares similarities with a Custody Agreement. Both documents establish guidelines and arrangements regarding the care, custody, and financial responsibilities of children between parents who are not residing together. They meticulously lay out the schedule for the children, specifying weekdays, weekends, holidays, and vacations. These agreements are crafted to ensure the child’s best interests are prioritized and that there is a clear understanding between parents on raising their child.
Similarly, a Visitation Schedule bears resemblance to the New York Parenting Plan form in that it details the specific times and days the non-custodial parent will spend with their child. This schedule includes regular weekdays and weekends, as well as special occasions like holidays and school breaks. The objective is to maintain consistency and stability in the child's routine while ensuring they have quality time with both parents.
Another document akin to the Parenting Plan form is the Child Support Agreement. While primarily focused on the financial support one parent provides to the other for child-rearing expenses, it often includes or is accompanied by a parenting plan that outlines the custody and visitation arrangements. This holistic approach addresses both the financial and emotional well-being of the child, ensuring their needs are met comprehensively.
The Marital Settlement Agreement (MSA) also shares characteristics with the New York Parenting Plan form. An MSA is a broader document that encompasses the distribution of assets, debts, alimony, and, significantly, arrangements regarding child custody, support, and visitation. The parenting plan part of the MSA serves a similar purpose in detailing how the parents will co-parent their children after separation or divorce.
A Shared Parenting Agreement, much like the New York Parenting Plan, is an arrangement between parents who have decided to share custody of their child equally or in a manner that suits their unique circumstances. This agreement covers the division of time the child spends with each parent, including holidays, birthdays, and school vacations. It focuses on fostering a cooperative co-parenting relationship that benefits the child's upbringing.
The New York Parenting Plan form can also be compared to a Joint Custody Agreement. This document is an arrangement where both parents share legal and physical custody of their child, necessitating a detailed plan that outlines how they will make joint decisions regarding the child's welfare and the specifics of the child’s living arrangements. These agreements are designed to ensure that the child has substantial and ongoing contact with both parents.
A document known as the Parental Agreement also parallels the New York Parenting Plan form. It's an umbrella term that can encompass various aspects of parenting post-separation or divorce, including but not limited to residence, visitation, holidays, and financial responsibilities. The key aim is to provide a structured framework that supports the child's needs and interests while reflecting the parents' agreement on how to co-parent effectively.
Lastly, the New York Parenting Plan form resembles a Co-Parenting Contract. This contract is an agreement between separated or divorced parents detailing the expectations and responsibilities of each parent in raising their children. It emphasizes communication, consistency, and cooperation in all aspects of the child's life, from daily routines to significant events. By agreeing on these terms, parents work towards minimizing conflict and providing a stable environment for their children.
When filling out the New York Parenting Plan form, it is crucial to follow guidelines that ensure the agreement is clear, fair, and in the best interests of the child(ren). Below are seven things you should and shouldn't do during this process.
By carefully considering these do's and don'ts, parents can create a parenting plan that respects the interests of all parties involved, most importantly, the welfare of the child(ren).
When dealing with the New York Parenting Plan form, there are several misconceptions that can arise due to its complexity and the personal circumstances of the families involved. Below are five common misconceptions and clarifications to help understand the form better.
Misconception 1: The Parenting Plan is rigid and cannot be modified.
Many believe that once the Parenting Plan is finalized and submitted, it is set in stone. However, the truth is, the plan can be modified if both parents agree to the changes or if the court deems necessary due to a significant change in circumstances. Flexibility is indeed a part of the process to best serve the child's needs.
Misconception 2: The Parenting Plan covers only the physical custody of the child.
While a substantial component of the Parenting Plan involves detailing physical custody, or where the child will physically reside, it encompasses much more. The plan also addresses holidays, education, healthcare, and even communication methods, ensuring a comprehensive framework for co-parenting.
Misconception 3: The court always sides with one parent's proposed plan.
It's a common belief that the court will automatically favor the plan proposed by either the mother or the father. In reality, the court’s primary concern is the child’s welfare and best interests. A judge will consider both plans, sometimes merging ideas from each, to create a plan that offers the best environment for the child.
Misconception 4: Parenting Plans are only for divorced parents.
Another misconception is that Parenting Plans are solely for parents who are divorced. Non-married parents, separated couples, or anyone sharing custody of a child can use a Parenting Plan to outline and manage the responsibilities and time each parent spends with their child.
Misconception 5: The Parenting Plan is only about allocating time with the child.
While scheduling who the child spends time with is a vital element, the Parenting Plan delves deeper into parenting responsibilities. It includes provisions for making significant decisions, addressing financial responsibilities, and setting guidelines for future dispute resolution, making it a holistic tool for co-parenting.
Understanding these misconceptions and learning the facts about the New York Parenting Plan form can help parents navigate the complexities of arranging a co-parenting agreement that best suits their child's needs. It’s important to remember that the primary goal of the plan is to support the well-being and development of the child in a structured yet flexible manner.
Understanding and accurately completing the New York Parenting Plan form is crucial for parents undergoing a separation or divorce. This form serves as a detailed roadmap governing parenting time, holiday schedules, and special occasions. Below are four key takeaways that can help ensure the plan works effectively for both the children and the parents involved:
Successfully navigating the New York Parenting Plan form requires honest communication, a commitment to co-parenting, and a focus on what’s best for the children. It’s an opportunity for parents to lay a solid foundation for their new roles while ensuring their children feel secure, loved, and supported through the transitions ahead.
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