The New York Parenting Plan form is a legal document that outlines the custody and visitation arrangements for children following a separation or divorce. This form helps parents establish a clear and structured plan regarding their child's care, including daily schedules, holiday arrangements, and special occasions. By using this form, parents can ensure that their child's best interests are prioritized while promoting cooperation and communication between both parties.
Creating a parenting plan is an essential step for parents navigating custody arrangements in New York. The New York Parenting Plan form serves as a comprehensive tool to outline how parents will share responsibilities and time with their children. This form covers critical areas, including basic information about the child or children, such as their names and dates of birth, which helps establish a clear context for the plan. Additionally, it details the parenting time schedule, specifying when each parent will have custody during weekdays, weekends, and summer months. Parents can also customize their plans by including holiday schedules, ensuring that important occasions are shared fairly. This includes provisions for special days like Thanksgiving and Christmas, which often require careful consideration to avoid conflicts. The form allows parents to specify how time will be divided during school breaks and birthdays, promoting a collaborative approach to parenting. By filling out this form, parents can create a structured and flexible plan that prioritizes the well-being of their children while minimizing potential disputes.
Misconceptions about the New York Parenting Plan form can lead to confusion for parents navigating custody arrangements. Here are six common misunderstandings:
When filling out the New York Parenting Plan form, keep the following tips in mind to ensure accuracy and clarity.
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.
The New York Parenting Plan form is a legal document used by parents to outline the custody and visitation arrangements for their children following a separation or divorce. It serves as a guide for both parents to ensure that the child's needs are met and that there is clarity around parenting responsibilities.
Both parents involved in a custody dispute or separation are encouraged to complete the Parenting Plan form. It is particularly useful for parents who want to establish a clear understanding of their parenting time, responsibilities, and any special arrangements related to their children.
The form requires basic information about the child or children, including:
This information helps to identify the child(ren) for whom the parenting plan is being created.
The parenting time schedule is divided into several sections, including weekday and weekend schedules, summer schedules, and holiday schedules. Parents will need to specify:
This structure helps to minimize confusion and ensures that both parents are aware of their responsibilities.
Yes, the Parenting Plan can be modified if circumstances change. Parents can agree to changes and submit a revised plan to the court for approval. It is important to document any changes in writing to maintain clarity and prevent misunderstandings.
If parents cannot reach an agreement, they may need to seek mediation or legal assistance. A court may ultimately make a decision based on the best interests of the child. It is advisable to communicate openly and try to find common ground before escalating the matter.
The holiday schedule should specify which parent will have the child(ren) during major holidays, including:
Details such as beginning and ending times should also be included to avoid any confusion.
Yes, the Parenting Plan should address how birthdays will be celebrated. Parents can choose to have the child(ren) with each parent according to the regular schedule or plan for both parents to participate in the celebration. This ensures that the child feels supported and loved by both parents on their special day.
The New York Parenting Plan form can typically be obtained from the New York State Unified Court System website or directly from the family court in your county. It is important to ensure that you are using the most current version of the form.
After gathering the necessary information, you can begin filling out the New York Parenting Plan form. This form requires details about your children and the proposed parenting schedule. Completing it accurately is essential for a clear understanding between both parents regarding custody arrangements.
Completing the New York Parenting Plan form can be a daunting task, and many individuals make common mistakes that can lead to complications down the line. One frequent error is failing to provide complete and accurate information about the child or children involved. It is crucial to include the full names, dates of birth, and gender of each child. Omitting any of this information can result in delays or confusion in the legal process.
Another mistake often made is neglecting to specify a clear parenting time schedule. In Section 2.1, parents should outline the exact days and times each parent will have the children. Vague descriptions can lead to misunderstandings and disputes later. It is important to be as specific as possible to avoid ambiguity.
Some individuals mistakenly overlook the need to differentiate between the school year and summer schedules. Section 2.2 requires clarity on whether the parenting time will remain the same or change during the summer months. This distinction is vital, as children’s routines often shift significantly during the summer break.
Additionally, parents sometimes fail to address the holiday schedule comprehensively. In Section 2.3, it is essential to detail how holidays will be shared. Without clear guidelines, conflicts may arise regarding who gets the children on significant holidays like Thanksgiving or Christmas. Providing specific times and conditions for each holiday can help mitigate potential disputes.
Moreover, some parents do not take the time to fill out the additional details required in Sections 2.4 and 2.5 regarding Thanksgiving and Winter Break. This oversight can lead to confusion about where the children will spend these important times of the year. It is crucial to provide a well-thought-out plan that considers both parents’ wishes and the children’s needs.
Another common pitfall is failing to consider the children's birthdays adequately. In Section 2.7, parents should choose how they will celebrate their children’s birthdays, whether by following the regular schedule or planning joint celebrations. Ignoring this can lead to feelings of exclusion for one parent during these significant occasions.
Lastly, parents may forget to review the entire document for accuracy and completeness before submission. Errors in dates, names, or schedules can lead to complications that may require further legal intervention. Taking the time to proofread the form ensures that all information is correct and reflects the parents' intentions clearly.
Here are some important points to keep in mind when filling out and using the New York Parenting Plan form:
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