New York Joint Custody Agreement

NEW YORK JOINT CUSTODY AGREEMENT

Stipulation and Agreement for Joint Custody
Pursuant to DRL § 240 and FCA Article 6

COURT HEADING

☐ FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF [________________________________]

☐ SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [________________________________]

Jurisdictional Note: Joint custody in New York may be established through Family Court (FCA § 651 — independent custody petition) or Supreme Court (DRL § 240 — as part of a matrimonial action). New York courts will award joint custody when the parents demonstrate the ability to cooperate. See Braiman v. Braiman, 44 N.Y.2d 584 (1978) (joint custody requires parents who can work together despite personal differences; it should not be imposed where the parties are antagonistic and uncooperative).

In the Matter of the Custody of:

[________________________________] (Child/Children)

Between:

[________________________________], Parent A

-and-

[________________________________], Parent B

Docket/Index No.: [________________________________]

ARTICLE I — PARTIES AND CHILDREN

1.1 Parent Identification

Parent A:
| | |
|---|---|
| Full Legal Name | [________________________________] |
| Date of Birth | [__/__/____] |
| Residential Address | [________________________________] |
| County | [________________________________] |
| Phone | [________________________________] |
| Email | [________________________________] |
| Attorney | [________________________________] |

Parent B:
| | |
|---|---|
| Full Legal Name | [________________________________] |
| Date of Birth | [__/__/____] |
| Residential Address | [________________________________] |
| County | [________________________________] |
| Phone | [________________________________] |
| Email | [________________________________] |

1.2 Child(ren) Identification

1.3 Effective Date and Court Filing

This Agreement is effective as of [__/__/____] and shall be submitted to the Court for approval and incorporation into a court order.

Related Proceeding:
☐ Divorce/Matrimonial Action — Supreme Court, Index No. [________________________________]
☐ Custody Petition — Family Court, Docket No. [________________________________]
☐ Paternity Proceeding — Docket No. [________________________________]
☐ Stipulation filed without pending proceeding (to be filed with new petition)

1.4 Recitals

A. The Parents are the biological and/or legal parents of the Child(ren).
B. The Parents agree that joint custody, with shared decision-making and shared parenting time, serves the Child(ren)'s best interests.
C. The Parents represent that they are able to communicate and cooperate in matters concerning the Child(ren), as required for joint custody under New York law. See Braiman v. Braiman, 44 N.Y.2d 584 (1978).
D. The Parents agree that the Child(ren) benefit from frequent, continuing, and meaningful contact with both Parents.
E. This Agreement reflects the Parents' voluntary understanding and is not the product of coercion or duress.

ARTICLE II — JOINT LEGAL CUSTODY

2.1 Joint Legal Custody Designation

The Parents shall share joint legal custody of the Child(ren). Both Parents shall have equal rights and responsibilities to participate in major decisions affecting the Child(ren)'s health, education, and welfare.

New York Practice Note: Joint legal custody in New York means both parents have an equal voice in major decisions. Unlike some states, New York does not have a statutory presumption in favor of joint custody — it is awarded based on the parents' demonstrated ability to cooperate. The court may decline to award joint custody where the parents' relationship is so acrimonious that cooperation is impossible. Braiman v. Braiman, 44 N.Y.2d 584 (1978).

2.2 Scope of Joint Decision-Making

The Parents shall jointly decide the following matters after good-faith consultation:

Education:

• School enrollment and transfers (public, private, charter, parochial, home school)
• Special education services, IEP or 504 plan development
• Applications to selective or specialized high schools (relevant in NYC)
• Tutoring and educational support services
• College planning and applications

Medical and Health:

• Selection of pediatrician, dentist, and specialists
• Non-emergency medical treatment and surgery
• Vaccinations (beyond those required for school enrollment by NY Public Health Law)
• Orthodontic treatment
• Ongoing prescription medications

Mental Health:

• Initiation of therapy, counseling, or psychiatric evaluation
• Selection of mental health provider
• Psychiatric medication

Religious:

• Religious education and instruction
• Religious ceremonies (baptism, bar/bat mitzvah, confirmation, etc.)
• Regular attendance at religious services

Other Major Decisions:

• Legal name change
• Passport applications and international travel
• Enrollment in competitive or travel sports requiring significant commitment
• Body modification (piercing, tattoos) for older children
• Driver's education and automobile purchase for teenagers

2.3 Decision-Making Process

1. Initiation: The Parent proposing a decision shall provide the other Parent with written notice (email, text, or co-parenting app), including relevant information and supporting documentation.
2. Consultation Period: The other Parent shall respond within [____] business days.
3. Good-Faith Discussion: Parents shall discuss the matter, consider each other's views, and seek input from relevant professionals (physician, teacher, therapist) as appropriate.
4. Impasse Resolution:
   - Step 1: Attend one session of mediation with a family mediator
   - Step 2: If mediation fails, either Parent may petition the Court for a determination
5. Tie-Breaking Authority (Optional):
   ☐ Not applicable — all impasses go to mediation/court
   ☐ Parent A has final decision-making authority for: [________________________________]
   ☐ Parent B has final decision-making authority for: [________________________________]

2.4 Emergency Decisions

In a medical or safety emergency, the Parent with physical custody may make necessary decisions without prior consultation. The other Parent shall be notified as soon as practicable and no later than twenty-four (24) hours after the emergency.

2.5 Routine Daily Decisions

Each Parent shall make day-to-day decisions during their parenting time, including meals, bedtime, hygiene, homework supervision, routine discipline, and playdates.

ARTICLE III — JOINT PHYSICAL CUSTODY AND PARENTING TIME

3.1 Joint Physical Custody

The Parents shall share joint physical custody of the Child(ren) with substantially equal parenting time as set forth below.

Primary Residence for School Enrollment and Mailing Purposes:
☐ Parent A's residence: [________________________________]
☐ Parent B's residence: [________________________________]

Note: Designating a primary residence for school enrollment does not affect the equal status of joint physical custody or either Parent's rights under this Agreement.

3.2 Regular Parenting Time Schedule

[SELECT ONE:]

☐ Alternating Weeks (Week-On/Week-Off)

• Parent A: [________________________________] at [____] AM/PM through the following [________________________________] at [____] AM/PM
• Parent B: Alternating week, same schedule
• Midweek contact: The off-duty parent may have a midweek dinner visit on [________________________________] from [____] PM to [____] PM ☐ with overnight ☐ without overnight

☐ 2-2-3 Schedule

• Monday–Tuesday: Parent A (every week)
• Wednesday–Thursday: Parent B (every week)
• Friday–Sunday: Alternating (Parent A Week 1 / Parent B Week 2)

☐ 2-2-5-5 Schedule

• Monday–Tuesday: Parent A (every week)
• Wednesday–Thursday: Parent B (every week)
• Friday through the following Tuesday: Alternating between Parents

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

3.3 Holiday Schedule

Holidays supersede the regular parenting time schedule:

3.4 Summer Schedule

☐ Regular schedule continues through summer
☐ Modified summer schedule:

Each Parent shall have [____] weeks of uninterrupted vacation time during the summer. Vacation requests shall be submitted in writing by [________________________________] each year. If requests conflict, Parent A shall have priority in even years and Parent B in odd years.

3.5 Transitions and Exchanges

Exchange Location: ☐ School ☐ Receiving parent's home ☐ Neutral location: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally

Exchange Protocol:

• Child(ren) shall be ready with necessary clothing, school materials, and medications
• Late arrival beyond fifteen (15) minutes requires immediate notification
• Neither parent shall engage in conflict or extended discussion during exchanges
• Exchange shall not occur if a parent appears impaired

3.6 Right of First Refusal

☐ Not applicable
☐ Applicable — If either Parent will be unable to personally care for the Child(ren) for more than [____] consecutive hours during their parenting time, they shall first offer the other Parent the opportunity to exercise that time.

ARTICLE IV — COMMUNICATION AND INFORMATION

4.1 Parent Communication

☐ Direct communication (phone, text, email)
☐ Through co-parenting application: ☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________________________________]

Non-emergency communications shall be responded to within [____] hours.

4.2 Parent-Child Communication

Each Parent shall facilitate the Child(ren)'s reasonable phone and video contact with the other Parent during their parenting time:
☐ Daily at approximately [________________________________]
☐ At reasonable times upon request

4.3 Records and Information Access

Both Parents shall have full and equal access to school records, medical records, dental records, and information from all professionals providing services to the Child(ren). Both Parents shall be listed as emergency contacts and authorized to receive information.

4.4 Notification Obligations

Each Parent shall promptly notify the other of:

• Medical emergencies or serious illness
• School disciplinary actions or academic concerns
• Involvement with law enforcement
• Any incident resulting in injury requiring medical attention
• Changes to the Parent's own address, phone number, or employment

ARTICLE V — RELOCATION

5.1 Relocation Notice

Either Parent proposing to relocate in a manner that would substantially affect the joint custody schedule must provide at least sixty (60) days' written notice to the other Parent, including:

• Proposed new address
• Reason for the proposed relocation
• Proposed modified parenting time schedule
• Impact on the Child(ren)'s current school and activities

5.2 Tropea Standard

Any contested relocation shall be evaluated under the factors set forth in Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996). The relocating parent bears the burden of demonstrating that the proposed relocation is in the Child(ren)'s best interests.

5.3 Maintaining Status Quo

Neither Parent shall relocate the Child(ren) without first obtaining the other Parent's written consent or a court order. The existing schedule remains in effect pending resolution of any relocation dispute.

Practice Note: In joint custody arrangements, relocation disputes are particularly consequential because the schedule presumes geographic proximity. Courts closely scrutinize whether the move is motivated by a genuine purpose (employment, family support) or by a desire to interfere with the other parent's relationship.

ARTICLE VI — COVENANTS AND RESTRICTIONS

6.1 Cooperation

Both Parents shall cooperate in all matters concerning the Child(ren) and shall conduct themselves with mutual respect, recognizing that joint custody requires an ongoing cooperative relationship.

6.2 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent, the other Parent's family, or members of the other Parent's household in the Child(ren)'s presence or hearing. Neither Parent shall permit third parties to do so in the Child(ren)'s presence.

6.3 No Alienation

Neither Parent shall engage in conduct designed to alienate the Child(ren) from the other Parent, undermine the Child(ren)'s relationship with the other Parent, or interfere with the other Parent's parenting time.

6.4 Substance Restrictions

Neither Parent shall use illegal drugs or consume alcohol to the point of impairment while responsible for the Child(ren) or within twelve (12) hours before the start of parenting time.

6.5 Firearms Safety

All firearms in either household shall be stored unloaded, in a locked container, with ammunition stored separately, inaccessible to the Child(ren).

6.6 Introduction of New Partners

Neither Parent shall introduce a new romantic partner to the Child(ren) until the relationship has been stable for at least [____] months. Overnight stays with a new partner shall not occur until [________________________________].

6.7 Consistency

Parents shall make reasonable efforts to maintain consistent rules, bedtimes, homework expectations, screen-time limits, and behavioral standards across both households.

6.8 Attendance at Events

Both Parents are encouraged to attend the Child(ren)'s school events, performances, games, and activities regardless of whose parenting time it falls on. Parents shall conduct themselves civilly at shared events.

ARTICLE VII — FINANCIAL PROVISIONS RELATED TO CUSTODY

7.1 Health Insurance

☐ Parent A ☐ Parent B shall maintain health, dental, and vision insurance for the Child(ren).
Policy holder: [________________________________]
Insurance company: [________________________________]
Policy number: [________________________________]

Both Parents shall carry insurance cards and provide copies to the other Parent.

7.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, mental health, orthodontic, and prescription expenses shall be divided:
☐ Equally (50/50)
☐ Proportionally to income: Parent A [____]% / Parent B [____]%

The Parent incurring the expense shall submit proof of the expense within [____] days. The other Parent shall reimburse their share within [____] days of receipt.

7.3 Extracurricular and Educational Expenses

Agreed-upon extracurricular activity costs shall be divided:
☐ Equally (50/50)
☐ Proportionally: Parent A [____]% / Parent B [____]%

7.4 Child Support

☐ No child support is ordered (substantially equal parenting time and comparable incomes)
☐ Child support is addressed in a separate order/agreement
☐ Child support of $[________________________________] per [____] shall be paid by [________________________________] to [________________________________]

Note: Child support in New York is calculated under the Child Support Standards Act (DRL § 240(1-b)). Joint physical custody does not automatically eliminate the child support obligation.

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Good-Faith Discussion

Parents shall first attempt to resolve disputes through respectful, direct communication.

8.2 Mediation

If direct discussion fails, Parents shall engage a qualified family mediator before filing a court petition. Cost shall be shared equally unless otherwise agreed.

8.3 Court Intervention

Either Parent may petition the Court for relief if mediation is unsuccessful. The Court may appoint an Attorney for the Child pursuant to FCA § 241.

8.4 Emergency Relief

Nothing in this Article prevents either Parent from seeking immediate court relief to protect the Child(ren)'s health, safety, or welfare, including temporary orders of protection under FCA § 656.

8.5 Counsel Fees

The prevailing party in any enforcement proceeding may seek an award of reasonable counsel fees from the other party.

ARTICLE IX — MODIFICATION

9.1 By Agreement

This Agreement may be modified by written stipulation signed by both Parents and approved by the Court.

9.2 By Court Order

Either Parent may petition the Court for modification upon a showing of a substantial change in circumstances affecting the Child(ren)'s best interests. Matter of Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982).

9.3 Automatic Review Events

The Parents agree to review and discuss potential modifications upon:

• A child entering kindergarten, middle school, or high school
• A change in either Parent's work schedule affecting the parenting plan
• A change in either Parent's residence
• Any other significant change in the Child(ren)'s needs

ARTICLE X — GENERAL PROVISIONS

Governing Law: This Agreement is governed by the laws of the State of New York, including DRL § 240, FCA Article 6, and the UCCJEA (DRL §§ 75-a through 77-b).

Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Integration: This Agreement constitutes the complete understanding of the Parents concerning joint custody and supersedes all prior agreements and understandings.

Non-Assignment: Custodial rights and responsibilities are personal and may not be assigned or delegated.

Counterparts: This Agreement may be executed in counterparts, including electronically, each of which shall be deemed an original.

EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Joint Custody Agreement as of the date indicated below.

PARENT A:

Signature: _________________________________

Print Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Print Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF NEW YORK )
) ss.:
COUNTY OF [________________________________] )

On this [____] day of [________________________________], 20[____], before me personally appeared [________________________________], known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged that he/she executed the same in his/her capacity, and that by his/her signature, the individual executed the instrument.

_________________________________
Notary Public, State of New York
Registration No.: [________________________________]
Commission Expires: [__/__/____]

(Repeat for Parent B)

SO ORDERED

The foregoing Joint Custody Agreement having been reviewed by this Court, and the Court finding that joint custody is in the best interests of the Child(ren) and that the Parents have demonstrated the ability to cooperate in matters affecting the Child(ren):

IT IS HEREBY ORDERED that the terms of the foregoing Joint Custody Agreement are approved and incorporated into and made an Order of this Court.

Dated: [________________________________], New York
[__/__/____]

_________________________________
Hon. [________________________________]
☐ Judge, Family Court, [________________________________] County
☐ Justice, Supreme Court, [________________________________] County

Sources and References

• NY Domestic Relations Law § 240(1) — Custody and child support; orders of protection
• NY Domestic Relations Law § 240(1-b) — Child Support Standards Act
• NY Domestic Relations Law § 70 — Habeas corpus to determine custody
• NY Family Court Act § 651 — Family Court jurisdiction over custody
• NY Family Court Act § 652 — Jurisdiction on referral from Supreme Court
• NY Family Court Act § 241 — Attorney for the Child
• NY Family Court Act § 656 — Orders of protection in custody proceedings
• Braiman v. Braiman, 44 N.Y.2d 584 (1978) — Joint custody requires ability to cooperate
• Eschbach v. Eschbach, 56 N.Y.2d 167 (1982) — Best interest factors
• Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982) — Modification standard
• Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996) — Relocation standard
• Lincoln v. Lincoln, 24 N.Y.2d 270 (1969) — In-camera interview of child
• Kyra's Law (L. 2023, ch. 218) — Domestic violence considerations
• General Form GF-17 — Petition for Custody/Visitation (nycourts.gov)