NEW YORK PARENTING PLAN

Comprehensive Parenting Plan Pursuant to DRL § 240 and FCA Article 6

COURT HEADING

[SELECT APPLICABLE COURT:]

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

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

Jurisdictional Note: In New York, custody and parenting plans may be established through either Family Court (FCA § 651) or Supreme Court (as part of a matrimonial action under DRL § 240). This Plan may be filed in either court depending on the underlying proceeding. If filed in connection with a divorce, Supreme Court has jurisdiction; if filed as an independent custody proceeding, Family Court has original jurisdiction.

In the Matter of the Custody/Visitation of:

[________________________________] (Child/Children)

Between:

[________________________________], Parent A

-and-

[________________________________], Parent B

Docket/Index No.: [________________________________]

SECTION 1 — IDENTIFICATION AND BACKGROUND

1.1 Parent Information

Parent A:
| | |
|---|---|
| Full Legal Name | [________________________________] |
| Date of Birth | [__/__/____] |
| Address | [________________________________] |
| County | [________________________________] |
| Phone | [________________________________] |
| Email | [________________________________] |
| Employer | [________________________________] |
| Work Schedule | [________________________________] |
| Attorney (if any) | [________________________________] |

Parent B:
| | |
|---|---|
| Full Legal Name | [________________________________] |
| Date of Birth | [__/__/____] |
| Address | [________________________________] |
| County | [________________________________] |
| Phone | [________________________________] |
| Email | [________________________________] |
| Employer | [________________________________] |
| Work Schedule | [________________________________] |
| Attorney (if any) | [________________________________] |

1.2 Child(ren) Information

1.3 Related Proceedings

☐ Divorce/Matrimonial Action — Supreme Court, [________________________________] County, Index No. [________________________________]
☐ Custody Petition — Family Court, [________________________________] County, Docket No. [________________________________]
☐ Paternity Proceeding — Docket No. [________________________________]
☐ Order of Protection — Docket No. [________________________________]
☐ Child Protective Proceeding — Docket No. [________________________________]
☐ None

1.4 Purpose

This Parenting Plan is entered into:
☐ By voluntary agreement (stipulation) of the Parents
☐ As part of a divorce/separation agreement
☐ Upon referral from Supreme Court to Family Court (FCA § 652)
☐ As directed by the Court following a hearing

This Plan is effective as of [__/__/____] and shall be incorporated into and made a part of the Court's order.

SECTION 2 — LEGAL CUSTODY (DECISION-MAKING AUTHORITY)

2.1 Legal Custody Designation

☐ Joint Legal Custody — Both Parents share the right and responsibility to make major decisions regarding the child(ren). Major decisions shall be made only after good-faith consultation between the Parents.

☐ Sole Legal Custody to [________________________________] — This Parent shall have exclusive decision-making authority for all major decisions. The other parent ☐ shall be consulted ☐ shall be notified after the decision.

2.2 Major Decisions Requiring Consultation (If Joint Legal Custody)

Both Parents must consult in good faith and attempt to reach agreement on the following:

2.3 Decision-Making Protocol (Joint Legal Custody)

1. The Parent seeking a decision shall notify the other Parent in writing (email, text, or co-parenting app) with sufficient detail and documentation.
2. The other Parent shall respond within [____] business days.
3. If Parents cannot agree after good-faith consultation, they shall:
   - Step 1: Attempt to resolve through direct discussion
   - Step 2: Consult with a mutually agreed-upon professional (e.g., child's therapist, pediatrician, school guidance counselor) for input
   - Step 3: Attend one mediation session with a qualified family mediator
   - Step 4: Either Parent may file a petition with the Court for a determination

2.4 Emergency Decisions

The Parent with physical custody at the time of an emergency may make necessary emergency decisions regarding the child(ren)'s health and safety without prior consultation. That Parent shall notify the other Parent as soon as practicable and in no event later than twenty-four (24) hours after the emergency.

2.5 Day-to-Day Decisions

The Parent exercising parenting time shall make routine daily decisions including meals, bedtime, homework, hygiene, age-appropriate discipline, and daily activities during their parenting time.

SECTION 3 — PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

3.1 Physical Custody Designation

☐ Joint Physical Custody — The child(ren) shall spend substantially equal time with each Parent per the schedule below.

☐ Primary Physical Custody to [________________________________] — The child(ren) shall reside primarily with this Parent. The other Parent shall have parenting time as scheduled below.

Primary Residence for School Enrollment: [________________________________]
School District: [________________________________]

3.2 Regular Parenting Time Schedule (School Year)

[SELECT ONE OR CUSTOMIZE:]

☐ Option A — Alternating Weeks (50/50)
Parent A: Monday [____] AM/PM through the following Monday [____] AM/PM (school drop-off)
Parent B: Alternating week on the same schedule

☐ Option B — 2-2-3 Rotation (50/50)
- Monday and Tuesday: Parent A (every week)
- Wednesday and Thursday: Parent B (every week)
- Friday through Sunday: Alternating (Parent A on odd weeks, Parent B on even weeks)

☐ Option C — 5-2-2-5 Rotation (50/50)
- Week 1: Parent A has Monday–Friday; Parent B has Saturday–Sunday
- Week 2: Parent B has Monday–Friday; Parent A has Saturday–Sunday

☐ Option D — Primary Custody with Standard Visitation
- Primary Parent: Has child(ren) except during Non-Primary Parent's scheduled time
- Non-Primary Parent:
- Alternating weekends: Friday at [____] PM through Sunday at [____] PM
- One midweek visit: [________________________________] from [____] PM to [____] PM
- ☐ Overnight ☐ Non-overnight

☐ Option E — Primary Custody with Extended Visitation
- Non-Primary Parent:
- Alternating weekends: Friday after school through Monday morning (school drop-off)
- Two midweek overnights: [________________________________]

☐ Option F — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

3.3 Summer Schedule

☐ Regular school-year schedule continues through summer
☐ Modified summer schedule as follows:

• Parent A summer parenting time: [________________________________]
• Parent B summer parenting time: [________________________________]
• Each Parent shall have [____] weeks of uninterrupted vacation time
• Vacation time notice: [____] days in advance, in writing
• If vacation requests conflict, ☐ Parent A has first choice in even years ☐ Parent B has first choice in even years

3.4 Holiday and School Break Schedule

Holidays supersede the regular parenting time schedule. The following holidays alternate annually unless otherwise noted:

NYC Note: The NYC public school calendar includes February mid-winter recess and specific religious holiday observances. Parents should reference the DOE calendar annually.

3.5 Transitions and Exchanges

Exchange Location:
☐ The child(ren)'s school (drop-off/pick-up)
☐ Receiving parent's residence
☐ Neutral location: [________________________________]
☐ Police precinct or supervised exchange site (if safety concerns exist)

Transportation Responsibility:
☐ Receiving parent is responsible for pick-up
☐ Delivering parent is responsible for drop-off
☐ Parents share: Parent A transports for [________________________________]; Parent B transports for [________________________________]

Exchange Protocols:
- The child(ren) shall be ready at the scheduled exchange time.
- Each Parent shall provide sufficient clothing, medication, and personal items for the parenting time period.
- Neither Parent shall question the child(ren) about the other Parent's household or activities during exchanges.
- If a Parent will be more than fifteen (15) minutes late for an exchange, that Parent shall notify the other Parent immediately.
- The receiving Parent shall wait at least [____] minutes before the exchange is deemed forfeited.

3.6 Right of First Refusal

☐ Not applicable
☐ If either Parent will be unable to personally care for the child(ren) for more than [____] consecutive hours during their parenting time, that Parent shall first offer the other Parent the opportunity to care for the child(ren) before arranging alternative childcare.

Response time for the offered Parent: [____] hours. If no response, the offering Parent may arrange alternative care.

SECTION 4 — COMMUNICATION

4.1 Parent-to-Parent Communication

☐ Direct communication via phone, text, or email
☐ All non-emergency communications through co-parenting app:
☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________________________________]
☐ Communication only through attorneys or a parenting coordinator (high-conflict)

Communication guidelines:
- All communications shall be respectful, brief, and child-focused.
- Non-emergency messages shall be responded to within [____] hours.
- Neither Parent shall use the child(ren) as messengers between households.

4.2 Parent-to-Child Communication During Other Parent's Time

The child(ren) shall have reasonable telephone and/or video contact with the non-residential parent:
☐ Daily at approximately [________________________________]
☐ At reasonable times upon request
☐ Per the following schedule: [________________________________]

• Calls shall be of reasonable duration (generally [____] minutes for younger children; [____] minutes for older children).
• The residential parent shall facilitate contact and ensure the child(ren) have access to a working phone or device.
• Neither Parent shall monitor, record, or interfere with the child(ren)'s communications with the other Parent.

4.3 Electronic Communication and Social Media

• Neither Parent shall post disparaging comments about the other Parent on social media.
• Neither Parent shall post identifying information or photographs of the child(ren) on social media without the other Parent's consent (or per the following agreement: [________________________________]).
• Each Parent shall have the right to communicate with the child(ren) via text message once the child(ren) have their own device.

SECTION 5 — INFORMATION SHARING AND ACCESS

5.1 Records Access

Both Parents shall have equal and independent access to the child(ren)'s:
- School records, report cards, and standardized test results
- Medical, dental, and vision records
- Mental health and counseling records (to the extent permitted by law)
- Extracurricular activity information
- Daycare/childcare records

Each Parent may independently contact schools, physicians, therapists, and other providers for information. Schools and providers shall be given written authorization to communicate with both Parents.

5.2 School and Activity Notifications

Both Parents shall be listed as contacts with the child(ren)'s school and shall receive all mailings, emails, and notifications. Both Parents are entitled to attend school conferences, performances, and events regardless of which Parent has parenting time.

5.3 Medical Information

The Parent who takes the child(ren) to any medical, dental, or mental health appointment shall notify the other Parent within [____] hours of the appointment, providing a summary of any diagnoses, treatment recommendations, or prescriptions.

SECTION 6 — RELOCATION

6.1 New York Relocation Standard

Under Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), a proposed relocation that would significantly affect the non-relocating parent's parenting time must be evaluated under a multifaceted best-interests analysis. There is no bright-line distance rule in New York.

6.2 Notice Requirement

Either Parent proposing to relocate (whether within or outside New York State) in a manner that would substantially impact the parenting time schedule must provide:
- Written notice to the other Parent at least sixty (60) days prior to the proposed move
- The proposed new address (or general location if exact address is not yet known)
- The reason for the proposed relocation
- A proposed revised parenting time schedule
- The impact on the child(ren)'s current school and activities

6.3 Consent or Court Approval

☐ The non-relocating Parent must consent in writing; or
☐ The relocating Parent must obtain court approval after petition and hearing

If the Parents cannot agree, the relocating Parent must file a petition. The Court will consider the Tropea factors including:
- Each parent's reasons for seeking or opposing the relocation
- The quality of the child's relationships with each parent
- The impact on future contact with the non-relocating parent
- The degree to which the move may enhance the child's life economically, emotionally, or educationally
- The feasibility of preserving the relationship through a modified parenting schedule

6.4 Pending Resolution

The relocating Parent shall not move the child(ren) until either written consent is obtained or the Court issues an order. The existing parenting plan remains in effect pending resolution.

SECTION 7 — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

7.1 Applicability

☐ No domestic violence allegations — this section is included for reference only
☐ Domestic violence allegations exist — the following provisions apply

7.2 New York Statutory Framework

Under DRL § 240(1), as amended by Kyra's Law (L. 2023, ch. 218), courts must consider the effect of domestic violence on the child(ren)'s best interests. Where domestic violence is proven by a preponderance of the evidence, a rebuttable presumption exists against awarding sole or joint custody or unsupervised visitation to the offending parent.

7.3 Safety Provisions (If Applicable)

☐ Order of Protection is in effect — Docket No. [________________________________], expiration date [__/__/____]
☐ Supervised visitation ordered through a NY-approved program
☐ Supervised exchange required at: [________________________________]
☐ No direct contact between Parents — all communication through [________________________________]
☐ Batterer's intervention program required for: [________________________________]
☐ Drug/alcohol testing required for: [________________________________], frequency: [________________________________]
☐ Other safety measures: [________________________________]

SECTION 8 — CHILD-REARING PROVISIONS

8.1 Education

• The child(ren) shall attend: [________________________________]
• School district: [________________________________]
• Changes to school enrollment require ☐ joint agreement ☐ custodial parent's decision
• Both Parents shall attend school conferences and events
• Homework: Each household shall ensure homework is completed during parenting time

8.2 Health and Medical Care

• Primary pediatrician: [________________________________]
• Dentist: [________________________________]
• Specialists (if any): [________________________________]
• Health insurance provider: ☐ Parent A ☐ Parent B — Policy No. [________________________________]
• Unreimbursed medical expenses shall be divided: Parent A [____]% / Parent B [____]%
• Copies of insurance cards shall be provided to both Parents

8.3 Mental Health

• The child(ren) ☐ are / ☐ are not currently in therapy/counseling
• Provider: [________________________________]
• Initiation of new mental health services requires ☐ joint agreement ☐ custodial parent's decision

8.4 Religious Upbringing

☐ Not applicable
☐ The child(ren) shall be raised in the [________________________________] faith
☐ Each Parent may expose the child(ren) to their own religious practices during parenting time
☐ Other: [________________________________]

8.5 Extracurricular Activities

• Enrollment in activities requiring regular attendance or significant cost requires ☐ joint agreement ☐ custodial parent's decision
• Both Parents shall ensure the child(ren) attend scheduled activities during their parenting time
• Costs for extracurricular activities shall be divided: Parent A [____]% / Parent B [____]%

8.6 Travel

• Domestic travel within New York State: No advance consent required; [____] days' notice with itinerary and contact information
• Domestic travel outside New York State: [____] days' advance written notice with itinerary and contact information
• International travel: Requires both Parents' written consent and a notarized travel authorization letter. Each Parent shall cooperate in obtaining or renewing the child(ren)'s passport.
• Neither Parent shall travel with the child(ren) to a country that is not a signatory to the Hague Convention on International Child Abduction without the other Parent's written consent and court approval.

SECTION 9 — ADDITIONAL PROVISIONS

9.1 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 present shall not occur until [________________________________].

9.2 Non-Disparagement

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

9.3 Consistency Between Households

The Parents shall make reasonable efforts to maintain consistent bedtimes, homework routines, screen-time limits, and behavioral expectations between households.

9.4 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 prior to the start of parenting time.

9.5 Firearms Safety

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

9.6 Personal Belongings

The child(ren) shall be permitted to transport personal belongings, clothing, and school materials freely between households. Neither Parent shall withhold the child(ren)'s possessions.

SECTION 10 — DISPUTE RESOLUTION

10.1 Good-Faith Discussion

Parents shall first attempt to resolve disagreements through direct, respectful communication focused on the child(ren)'s best interests.

10.2 Parenting Coordinator (Optional)

☐ The Parents agree to use a parenting coordinator: [________________________________]
The parenting coordinator may assist with day-to-day implementation disputes but may not modify this Plan.

10.3 Mediation

If direct discussion fails, the Parents shall engage in mediation with a qualified family mediator before filing a court petition, except in emergencies involving the child(ren)'s safety.

Cost of mediation: ☐ Shared equally ☐ Parent A [____]% / Parent B [____]%

10.4 Court Intervention

If mediation is unsuccessful, either Parent may file a petition in:
☐ Family Court, [________________________________] County
☐ Supreme Court, [________________________________] County

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

10.5 Attorney for the Child

In any contested custody or visitation proceeding, the court shall appoint an Attorney for the Child pursuant to FCA § 241. The AFC represents the child(ren)'s wishes and interests.

SECTION 11 — MODIFICATION AND REVIEW

11.1 Modification Standard

This Parenting Plan may be modified by mutual written agreement of the Parents, subject to court approval. Either Parent may also petition the Court for modification upon a showing of a substantial change in circumstances affecting the child(ren)'s best interests. See Matter of Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982).

11.2 Periodic Review

The Parents agree to review this Parenting Plan:
☐ Annually on or about [________________________________]
☐ When the child(ren) transition to a new school level (elementary to middle school, middle to high school)
☐ When significant changes in circumstances occur
☐ Other: [________________________________]

11.3 Temporary Modifications

The Parents may agree to temporary modifications to the schedule in writing (including text or email) without filing a formal modification. Temporary modifications do not waive either Parent's rights under this Plan.

SECTION 12 — GENERAL PROVISIONS

Governing Law: This Plan is governed by the laws of the State of New York, including DRL § 240, FCA Article 6, and applicable case law.

UCCJEA: This Plan is subject to the Uniform Child Custody Jurisdiction and Enforcement Act as adopted by New York (DRL §§ 75-a through 77-b).

Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

Integration: This Plan, together with any court order incorporating it, constitutes the entire agreement regarding custody and parenting.

Counterparts and Electronic Signatures: This Plan may be executed in counterparts, including by electronic signature, each of which shall be deemed an original.

SECTION 13 — EXECUTION

We, the undersigned Parents, affirm that we have read and understand this Parenting Plan, that we enter into it voluntarily, and that we believe it serves the best interests of our child(ren).

PARENT A:

Signature: _________________________________

Print Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Print Name: [________________________________]

Date: [__/__/____]

ATTORNEY FOR PARENT A (if applicable):

Signature: _________________________________

Print Name: [________________________________], Esq.

Date: [__/__/____]

ATTORNEY FOR PARENT B (if applicable):

Signature: _________________________________

Print Name: [________________________________], Esq.

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 person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed the instrument.

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

(Repeat for Parent B)

SO ORDERED

The foregoing Parenting Plan is approved and incorporated into the Order of this Court.

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

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

Sources and References

• NY Domestic Relations Law § 240 — Custody and child support; orders of protection
• 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 — Appointment of Attorney for the Child
• Eschbach v. Eschbach, 56 N.Y.2d 167 (1982) — Best interest factors
• Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982) — Change in circumstances for modification
• 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 children
• Kyra's Law (L. 2023, ch. 218) — Domestic violence considerations in custody
• UCCJEA (DRL §§ 75-a through 77-b) — Interstate custody jurisdiction
• General Form GF-17 — Petition for Custody/Visitation (nycourts.gov)
• NYC Department of Education Calendar — For school break scheduling reference