CHILD CUSTODY AND PARENTING TIME AGREEMENT
(New York)
[// GUIDANCE: This template is drafted to comply with New York Domestic Relations Law (“DRL”) and all applicable Family Court Rules. Insert matter-specific information wherever you see a bracketed [PLACEHOLDER]. Bracketed provisions beginning with “OPTIONAL” may be deleted if not required under the circumstances.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Legal Custody
3.2 Physical Custody & Parenting Time Schedule
3.3 Holiday & Special Day Schedule
3.4 Vacation & School Breaks
3.5 Transportation & Exchange Protocols
3.6 Communication & Virtual Access
3.7 Right of First Refusal - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
Child Custody and Parenting Time Agreement (the “Agreement”).
1.2 Parties
(a) [FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
(b) [FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”).
(Parent A and Parent B are each a “Parent” and collectively the “Parents.”)
1.3 Child(ren)
This Agreement concerns the following minor child(ren) (each a “Child”):
• [FULL NAME], born [DOB]
• [ADD ADDITIONAL CHILDREN AS NEEDED]
1.4 Recitals
A. The Parents are the natural/legal parents of the Child(ren).
B. The Parents desire to resolve all matters relating to legal custody, physical custody, parenting time, and related child-rearing issues.
C. The Parents acknowledge that New York courts decide custody matters according to the Child(ren)’s best interests. See DRL § 240(1).
D. The Parents intend this Agreement to be incorporated but not merged into any subsequent Judgment of Divorce, Custody Order, or Family Court Order so that it shall survive and be independently enforceable.
1.5 Effective Date
This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”) upon execution and court approval.
1.6 Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including DRL Article 5-A (UCCJEA), with exclusive original jurisdiction in the [INSERT: County] Family Court or such other New York court of competent subject-matter jurisdiction (collectively, the “Court”).
2. DEFINITIONS
The following capitalized terms shall have the meanings set forth below. Undefined capitalized terms have the meanings ascribed elsewhere in this Agreement.
“Best Interests Factors” means the non-exclusive considerations set forth in DRL § 240(1) and relevant case law, including but not limited to each Parent’s stability, nurturing abilities, mental and physical health, history of domestic violence, the Child(ren)’s preferences (where age-appropriate), and educational, emotional, and social needs.
“Exchange Location” means [SPECIFY ADDRESS OR “the parking lot of the [Precinct/Supermarket]”] or such other mutually agreed-upon safe site.
“Holiday Schedule” means the allocation of specific holidays as detailed in Section 3.3.
“Legal Custody” means the right and responsibility to make major decisions regarding the Child(ren)’s welfare, including but not limited to education, medical care, and religious upbringing.
“Parenting Time” (used interchangeably with “Visitation”) means the periods during which a Parent has the right and responsibility for the Child(ren)’s day-to-day care.
“Physical Custody” refers to the residential arrangements for the Child(ren) as delineated in Section 3.2.
“Relocation” means a change in the Child(ren)’s primary residence exceeding [X] miles from [CURRENT SCHOOL DISTRICT OR CITY] or any move that will substantially impair the other Parent’s ability to exercise Parenting Time.
“Right of First Refusal” has the meaning given in Section 3.7.
3. OPERATIVE PROVISIONS
3.1 Legal Custody
3.1.1 Joint Decision-Making
Except as otherwise provided herein, the Parents shall share [JOINT / SOLE TO PARENT A / SOLE TO PARENT B] Legal Custody. Major decisions require good-faith consultation and mutual agreement.
3.1.2 Decision-Making Procedure
(a) Either Parent may propose a major decision in writing.
(b) The non-proposing Parent shall respond within five (5) business days.
(c) In the absence of agreement, the Parents shall promptly engage a mutually agreed mediator before seeking judicial intervention. [// GUIDANCE: Mediation is strongly encouraged but may not divest the Court of ultimate jurisdiction.]
3.2 Physical Custody & Parenting Time Schedule
3.2.1 Primary Residence
The Child(ren) shall reside primarily with [SPECIFY PARENT] (the “Residential Parent”).
3.2.2 Regular Parenting Time
(a) Weekdays: [e.g., Parent B each Tuesday & Thursday from school dismissal until 8 p.m.]
(b) Weekends: [e.g., Parent B on the 1st, 3rd & 5th weekends, Friday 6 p.m. to Sunday 6 p.m.]
(c) Make-Up Time: Missed Parenting Time shall be rescheduled within thirty (30) days unless otherwise agreed.
3.3 Holiday & Special Day Schedule
3.3.1 Holidays Listed
New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, Child(ren)’s birthdays, Mother’s Day, Father’s Day, and any religious or cultural holidays observed by either Parent.
3.3.2 Allocation
The Parents shall alternate each holiday annually, with Parent A having even-numbered years and Parent B odd-numbered years, unless otherwise specified in Schedule A attached hereto.
3.3.3 Priority
Holiday Schedule supersedes the Regular Parenting Time Schedule. Vacation Schedule supersedes both unless it conflicts with the Child(ren)’s significant school obligations.
3.4 Vacation & School Breaks
Each Parent may have up to [NUMBER] consecutive weeks of vacation Parenting Time during the school summer recess and [NUMBER] non-consecutive days during other school breaks, provided written notice is given at least sixty (60) days in advance.
3.5 Transportation & Exchange Protocols
3.5.1 Responsibility
The Parent beginning his/her Parenting Time shall be responsible for transportation, unless otherwise agreed.
3.5.2 Safety
All transportation shall comply with applicable motor-vehicle safety laws (e.g., NY Vehicle & Traffic Law child restraint requirements).
3.5.3 Delays
A delay exceeding fifteen (15) minutes shall be communicated immediately. Repeated willful delays constitute a material breach.
3.6 Communication & Virtual Access
3.6.1 Daily Contact
Each Parent shall facilitate reasonable phone/video communication (up to [15] minutes per day) between the Child(ren) and the other Parent.
3.6.2 Privacy
Neither Parent shall monitor or interfere with such communications except to protect the Child(ren) from inappropriate content or undue stress.
3.7 Right of First Refusal
If a Parent requires childcare for a period exceeding [X] hours during his/her Parenting Time, that Parent shall first offer the other Parent the opportunity to care for the Child(ren) before engaging a third-party caregiver.
4. REPRESENTATIONS & WARRANTIES
4.1 Each Parent represents and warrants that:
(a) He/she is a fit and proper person to have custody of the Child(ren) and has no pending or threatened CPS investigation or Order of Protection that would impair custodial rights;
(b) No other person or entity has superior custodial rights;
(c) He/she has disclosed all material information bearing on the Child(ren)’s health, education, and welfare; and
(d) The execution and performance of this Agreement violate no law, court order, or prior agreement.
4.2 Survival
The representations and warranties herein shall survive execution and remain enforceable for so long as this Agreement is in effect.
5. COVENANTS & RESTRICTIONS
5.1 Non-Disparagement
Each Parent shall refrain from making disparaging remarks about the other Parent in the presence or hearing of the Child(ren).
5.2 Information Sharing
Each Parent shall provide the other with copies of report cards, medical reports, extracurricular schedules, and any notices affecting the Child(ren) within three (3) business days of receipt.
5.3 Health Insurance & Unreimbursed Expenses
(a) [SPECIFY PARENT] shall maintain comprehensive medical, dental, and vision insurance for the Child(ren).
(b) Unreimbursed healthcare costs shall be split [PERCENTAGE/PERCENTAGE]. Payment is due within thirty (30) days of documented request.
5.4 Relocation
(a) Neither Parent shall Relocate the Child(ren) without either (i) written consent of the non-relocating Parent, or (ii) Court approval.
(b) Written notice of proposed Relocation must be provided at least ninety (90) days in advance and include the new address, schools, and proposed revised Parenting Time schedule.
(c) In evaluating Relocation, the Parents acknowledge that the Court will apply the Best Interests Factors in DRL § 240(1) and consider, inter alia, the impact on the Child(ren)’s relationship with the non-relocating Parent.
[// GUIDANCE: Adjust mileage/notice thresholds to reflect practical travel burdens and any county-specific rules of the applicable Family Court.]
5.5 Substance Use
Neither Parent shall consume alcohol to excess or use illegal substances during or within [X] hours before Parenting Time. Prescription medication shall be used only as directed.
5.6 Firearms
All firearms shall be stored unloaded in locked containers inaccessible to the Child(ren). Ammunition shall be stored separately.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Interference with Parenting Time;
(b) Failure to communicate major decisions per Section 3.1;
(c) Chronic lateness (three or more instances within 60 days);
(d) Violation of Relocation provisions;
(e) Material misrepresentation under Section 4.
6.2 Notice & Cure
The non-defaulting Parent shall deliver written notice specifying the default. The defaulting Parent shall have seven (7) days to cure, unless the breach is incapable of cure (e.g., unauthorized Relocation).
6.3 Graduated Remedies
(a) Make-up Parenting Time equal to time lost;
(b) Mandatory mediation;
(c) Court application for enforcement, contempt, modification, or attorney fees;
(d) Any other relief available under DRL § 240 and Family Ct. Act Articles 4, 5, and 6.
6.4 Attorney Fees & Costs
In any enforcement action, the prevailing Parent shall be entitled to reasonable attorney fees and costs, subject to Court approval and the Child(ren)’s best interests.
7. RISK ALLOCATION
7.1 Indemnification – Child Welfare Priority
Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent and the Child(ren) from and against any loss, liability, or expense (including reasonable attorney fees) arising out of the Indemnifying Parent’s (a) violation of this Agreement, (b) negligent or willful misconduct during Parenting Time, or (c) failure to comply with court orders pertaining to the Child(ren). Nothing herein limits the Court’s parens patriae authority.
7.2 Limitation of Liability
Not applicable. Nothing in this Agreement shall be construed to cap or limit liability for matters affecting child welfare.
7.3 Force Majeure
A Parent’s temporary inability to exercise Parenting Time due to events beyond reasonable control (e.g., natural disaster, severe illness) shall not constitute default, provided prompt notice is given and make-up time is arranged within a reasonable period.
8. DISPUTE RESOLUTION
8.1 Governing Law
New York law governs all disputes.
8.2 Continuing Court Jurisdiction
The Court retains exclusive and continuing jurisdiction to modify or enforce this Agreement consistent with DRL § 76-a (UCCJEA). No provision herein shall divest the Court of such jurisdiction.
8.3 Mediation
Except in emergencies, the Parents shall attempt to resolve disputes through mediation with a certified family mediator before seeking Court intervention. Mediation shall be confidential and non-binding.
8.4 Arbitration (Limited)
Binding arbitration of custody matters is generally restricted under New York law. The Parents may, however, submit non-custodial ancillary matters (e.g., allocation of extracurricular costs) to arbitration under Article 75 of the Civil Practice Law & Rules if mutually agreed in writing.
8.5 Jury Trial Waiver
Custody matters are heard without a jury in the Court; accordingly, any jury trial rights are waived to the extent permissible.
8.6 Injunctive Relief
Either Parent may seek immediate injunctive or provisional relief from the Court to protect the Child(ren)’s welfare or to prevent removal from the Court’s jurisdiction.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
No modification of this Agreement shall be valid unless in a writing signed by both Parents and approved by the Court. Waiver of any breach shall not constitute waiver of any subsequent breach.
9.2 Assignment
Parental rights and obligations are personal and may not be assigned or delegated.
9.3 Successors & Assigns
This Agreement shall bind and inure to the benefit of the Parents and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be modified to the minimum extent necessary to achieve its intended purpose.
9.5 Integration
This Agreement constitutes the entire understanding between the Parents regarding the subject matter and supersedes all prior agreements, whether written or oral.
9.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or via PDF shall be deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.
| Parent A: | _________ |
| Signature | |
| Printed Name: _______ | |
| Date: _________ | |
| Parent B: | _________ |
| Signature | |
| Printed Name: _______ | |
| Date: _________ |
NOTARY ACKNOWLEDGMENT
State of New York )
County of [__] ) ss.:
On this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [PARENT A NAME] and [PARENT B NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals executed the instrument.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Some New York counties require two witnesses in addition to notarization for separation agreements. Confirm local practice and add witness lines if needed.]
SCHEDULE A – HOLIDAY & SPECIAL DAY SCHEDULE
[// GUIDANCE: Insert detailed chart specifying pick-up/drop-off times, even/odd year allocation, and any cultural or religious observances unique to the family.]
END OF AGREEMENT