Simple Child Custody Stipulation and Order

STIPULATION AND ORDER FOR CHILD CUSTODY AND PARENTING TIME

STATE OF NEW YORK

COURT CAPTION

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

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

________________________________________

In the Matter of a Custody/Visitation Proceeding

[________________________________],
     Petitioner,                              Docket/Index No.: [________________________________]

          - against -                         FCA §§ 651, 652, 654 /
                                              DRL § 240
[________________________________],
     Respondent.
________________________________________

Child(ren):
[________________________________], DOB: [__/__/____]
[________________________________], DOB: [__/__/____]
[________________________________], DOB: [__/__/____]

STIPULATION AND ORDER

The parties named above, having appeared before this Court, and having been advised of their rights, and having had the opportunity to consult with counsel, and having voluntarily entered into this agreement regarding the custody and parenting time of their minor child(ren), hereby stipulate and agree as follows:

ARTICLE I: RECITALS

1.1 Parties. The Petitioner, [________________________________] ("Mother"/"Father"), resides at [________________________________], County of [________________________________], State of New York. The Respondent, [________________________________] ("Mother"/"Father"), resides at [________________________________], County of [________________________________], State of [________________________________].

1.2 Relationship. The parties:
☐ Were married on [__/__/____] in [________________________________] and separated on [__/__/____].
☐ Were never married but are the parents of the child(ren) named herein.
☐ Have a judgment of divorce dated [__/__/____] (Index No.: [________________________________]).

1.3 Children. The parties are the parents of the following minor child(ren):

1.4 Jurisdiction. This Court has jurisdiction over this proceeding pursuant to New York Domestic Relations Law Section 76-a (UCCJEA) and/or Family Court Act Sections 651 and 652. The State of New York is the home state of the child(ren), as the child(ren) have resided in New York for at least six (6) consecutive months immediately preceding the filing of this proceeding.

1.5 UCCJEA Declaration. No other custody proceeding involving the child(ren) is pending in any other court of this state or any other state. Neither party has participated in any other litigation or proceeding concerning custody of the child(ren), except: ☐ None ☐ [________________________________].

1.6 Voluntariness. Each party enters into this stipulation voluntarily, without coercion, duress, or undue influence. Each party has had the opportunity to consult with independent legal counsel and understands the terms and consequences of this agreement.

1.7 Best Interests. The parties believe and represent that the terms of this stipulation are in the best interests of the child(ren), taking into consideration the factors set forth in DRL Section 240(1), including the quality of the home environment, the parenting skills of each parent, the ability of each parent to provide for the child(ren)'s emotional and intellectual development, the child(ren)'s health and safety, and the child(ren)'s wishes (where appropriate given their age and maturity).

1.8 Parenting Education.
☐ Both parties have completed the parent education and awareness program as required by 22 NYCRR Part 144.
☐ Both parties shall complete the parent education program within [____] days of the entry of this order.
☐ Not applicable.

ARTICLE II: LEGAL CUSTODY

2.1 Legal Custody. Legal custody of the child(ren) shall be as follows:

☐ Joint Legal Custody. Both parents shall share joint legal custody. Both parents shall have equal rights and responsibilities to make major decisions affecting the child(ren)'s welfare, including but not limited to decisions regarding education, healthcare, religion, and extracurricular activities. Neither parent shall make a major decision without first consulting with the other parent and making a good-faith effort to reach agreement.

☐ Sole Legal Custody. [________________________________] (Parent's Name) shall have sole legal custody of the child(ren), with the right and responsibility to make all major decisions regarding the child(ren)'s welfare.

2.2 Decision-Making Areas. The following decision-making framework shall apply:

(a) Education.
☐ Both parents shall jointly decide on the child(ren)'s school enrollment, educational programs, special education services, tutoring, and school-related activities.
☐ [________________________________] shall have final decision-making authority regarding education after meaningful consultation with the other parent.

(b) Healthcare.
☐ Both parents shall jointly decide on the child(ren)'s medical, dental, mental health, and therapeutic treatment, except in the case of emergency where the parent with physical custody at the time may authorize necessary emergency medical treatment and shall promptly notify the other parent.
☐ [________________________________] shall have final decision-making authority regarding healthcare after meaningful consultation with the other parent.

(c) Religion.
☐ Both parents shall jointly decide on the child(ren)'s religious upbringing and training.
☐ [________________________________] shall have final decision-making authority regarding religious upbringing.
☐ Each parent may expose the child(ren) to their respective religious practices during their parenting time.

(d) Extracurricular Activities.
☐ Both parents shall jointly decide on the child(ren)'s participation in extracurricular activities, sports, clubs, and enrichment programs. Neither parent shall enroll the child(ren) in an activity that substantially interferes with the other parent's parenting time without prior consent.
☐ [________________________________] shall have final decision-making authority regarding extracurricular activities after meaningful consultation with the other parent.

2.3 Day-to-Day Decisions. The parent exercising parenting time at any given time shall have the authority to make routine, day-to-day decisions regarding the child(ren)'s care, including meals, bedtime, homework, hygiene, and minor discipline.

2.4 Impasse Resolution. If the parents are unable to reach agreement on a major decision after good-faith consultation, the parties shall:
☐ Submit the dispute to mediation before filing a motion with the Court.
☐ [________________________________] shall have final decision-making authority.
☐ Either parent may file a motion with the Court for resolution.

ARTICLE III: PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

3.1 Physical/Residential Custody. Physical/residential custody of the child(ren) shall be as follows:

☐ Joint Physical Custody. The child(ren) shall reside with both parents according to the parenting time schedule set forth below.

☐ Primary Physical Custody to [________________________________]. The child(ren) shall reside primarily with [________________________________] ("Custodial Parent"). The other parent, [________________________________] ("Non-Custodial Parent"), shall have parenting time as set forth below.

3.2 Regular Parenting Time Schedule.

(a) Option 1: Alternating Weeks.
☐ The child(ren) shall reside with Parent A during Week 1 and Parent B during Week 2, alternating weekly thereafter. The exchange shall occur on [________________________________] (day of week) at [________________________________] (time).

(b) Option 2: Weekday/Weekend Split.
☐ The child(ren) shall reside with [________________________________] on weekdays (Monday through Friday) and with [________________________________] on alternating weekends from Friday at [________________________________] (time) through Sunday at [________________________________] (time).

(c) Option 3: Specific Schedule.
☐ The parenting time schedule shall be as follows:

Additional details: [________________________________]

(d) Option 4: Every Other Weekend Plus Midweek.
☐ The non-custodial parent shall have parenting time every other weekend from Friday at [________________________________] (time) through Sunday at [________________________________] (time), plus one midweek visit on [________________________________] (day) from [________________________________] (time) to [________________________________] (time).

(e) Option 5: Custom Schedule.
☐ See attached Parenting Plan (Exhibit A).

3.3 Overnight Parenting Time. The non-custodial parent's parenting time shall include:
☐ Overnight parenting time as specified in the schedule above.
☐ No overnight parenting time at this time. The issue shall be reviewed on [__/__/____] or upon motion of either party.

ARTICLE IV: HOLIDAY AND SPECIAL OCCASION SCHEDULE

4.1 Holiday Schedule. The following holiday and special occasion schedule shall supersede the regular parenting time schedule. If a holiday falls adjacent to a parent's regular parenting time, the holiday schedule shall control.

4.2 Holiday Allocation. Holidays shall be allocated between the parents as follows, alternating annually unless otherwise specified:

4.3 Mother's Day and Father's Day.

• Mother's Day: The child(ren) shall be with their Mother every year on Mother's Day (second Sunday in May) from [________________________________] to [________________________________].
• Father's Day: The child(ren) shall be with their Father every year on Father's Day (third Sunday in June) from [________________________________] to [________________________________].

4.4 Children's Birthdays. Each child's birthday shall be spent as follows:
☐ With the parent whose regular parenting time includes the birthday, with the other parent having reasonable time on the birthday or the day before/after.
☐ Alternating annually between the parents.
☐ Shared equally, with Parent A having time from [________________________________] to [________________________________] and Parent B from [________________________________] to [________________________________].
☐ Other: [________________________________]

4.5 Parents' Birthdays. Each parent shall have the right to spend reasonable time with the child(ren) on the parent's own birthday, from [________________________________] to [________________________________], regardless of the regular schedule.

ARTICLE V: SCHOOL BREAKS AND VACATION

5.1 Winter/Holiday Break. The school winter/holiday break (typically two weeks in late December through early January) shall be divided as follows:
☐ The first half with Parent A and the second half with Parent B in even years, alternating in odd years.
☐ Other: [________________________________]

5.2 February/Mid-Winter Break. The school mid-winter recess (typically one week in February) shall be spent with:
☐ Parent A in even years and Parent B in odd years.
☐ Other: [________________________________]

5.3 Spring/Easter Break. The school spring recess (typically one week in March or April) shall be spent with:
☐ Parent A in even years and Parent B in odd years.
☐ Other: [________________________________]

5.4 Summer Vacation. Each parent shall have the right to [____] weeks (☐ consecutive / ☐ non-consecutive) of vacation time with the child(ren) during the summer recess, subject to the following conditions:

(a) The vacationing parent shall provide written notice to the other parent of the requested vacation dates no later than [________________________________] (e.g., April 1 / May 1) of each year.

(b) If both parents request the same dates, [________________________________]'s selection shall take priority in even years and [________________________________]'s selection shall take priority in odd years.

(c) Summer vacation time shall not interfere with the other parent's regularly scheduled parenting time, unless otherwise agreed.

(d) The vacationing parent shall provide the other parent with the itinerary, travel details, contact information, and the location where the child(ren) will be staying.

5.5 School Holidays and Teacher Conference Days. School holidays and half-days (other than those specified above) shall follow the regular parenting time schedule unless the parties agree otherwise.

ARTICLE VI: TRANSPORTATION AND EXCHANGES

6.1 Exchange Location. The exchange of the child(ren) shall occur at:
☐ The custodial parent's residence.
☐ The receiving parent's residence (the parent beginning parenting time picks up).
☐ A neutral public location: [________________________________].
☐ The child(ren)'s school or childcare facility.
☐ Other: [________________________________]

6.2 Transportation Responsibility.
☐ The receiving parent (the parent whose parenting time is beginning) shall be responsible for picking up the child(ren).
☐ The delivering parent (the parent whose parenting time is ending) shall be responsible for transporting the child(ren) to the exchange location.
☐ Transportation shall be shared equally, with the delivering parent transporting to exchanges and the receiving parent transporting from exchanges.
☐ Other: [________________________________]

6.3 Punctuality. Both parents shall be punctual for all exchanges. If a parent will be more than [____] minutes late, that parent shall notify the other parent by telephone or text message as soon as possible.

6.4 Waiting Period. If the receiving parent fails to appear for exchange within [____] minutes of the scheduled time without prior notice, the delivering parent may leave with the child(ren) and the exchange shall be deemed waived for that occasion. The missed time shall ☐ be made up ☐ not be made up.

6.5 Conduct During Exchanges. Both parents shall conduct themselves in a civil, respectful manner during all exchanges. Neither parent shall engage in conflict, arguments, or negative behavior in the presence of the child(ren) during exchanges.

6.6 Third-Party Exchanges. If a parent is unable to be present for an exchange, the parent may designate a responsible adult to conduct the exchange, provided the other parent is given advance notice of the identity of the designated person.

ARTICLE VII: COMMUNICATION WITH CHILDREN

7.1 Telephone and Video Communication. Each parent shall have the right to communicate with the child(ren) by telephone, video call (FaceTime, Zoom, Skype, etc.), or other electronic means during the other parent's parenting time, subject to the following:

(a) Communication shall occur at reasonable times that do not interfere with the child(ren)'s school, homework, meals, sleep, or activities.

(b) Suggested communication window: between [________________________________] and [________________________________] (e.g., 7:00 p.m. and 8:00 p.m.) unless otherwise agreed.

(c) Each parent shall ensure that the child(ren) have access to a telephone or device for communication with the other parent.

(d) Neither parent shall monitor, listen to, record, or interfere with the child(ren)'s communications with the other parent, except as necessary for the safety of a very young child.

7.2 Mail and Electronic Communication. Each parent shall ensure that the child(ren) have access to mail, email, and other communications from the other parent. Neither parent shall open, read, or intercept mail or electronic communications directed to or from the child(ren) and the other parent.

7.3 Co-Parenting Communication. The parents shall communicate with each other regarding the child(ren) in a respectful, business-like manner. The parents shall use the following method(s) for co-parenting communication:
☐ Direct telephone calls
☐ Text messages
☐ Email
☐ Co-parenting application: [________________________________] (e.g., OurFamilyWizard, TalkingParents, AppClose)
☐ Written correspondence

ARTICLE VIII: INFORMATION SHARING AND ACCESS

8.1 School Information. Both parents shall have equal access to the child(ren)'s school records, report cards, progress reports, and teacher/administrator communications. Both parents shall be listed as emergency contacts and authorized to pick up the child(ren) from school.

8.2 Medical Information. Both parents shall have equal access to the child(ren)'s medical records and information. Each parent shall promptly inform the other parent of any illness, injury, medical treatment, hospitalization, or emergency involving the child(ren). Both parents shall be listed on all medical records and emergency contact forms.

8.3 Extracurricular Activities. Each parent shall promptly provide the other parent with information about the child(ren)'s extracurricular activities, including schedules, locations, and contact information. Both parents shall be entitled to attend and participate in all of the child(ren)'s school events, performances, sporting events, and extracurricular activities, regardless of which parent has parenting time.

8.4 Third-Party Provider Access. Both parents shall execute any authorizations or releases necessary to ensure that both parents have access to the child(ren)'s school, medical, dental, mental health, and activity records and providers.

ARTICLE IX: RELOCATION

9.1 Notice Requirement. Pursuant to DRL Section 240 and applicable case law (including Tropea v. Tropea, 87 N.Y.2d 727 (1996)), either parent who proposes to relocate with the child(ren) to a location that would substantially affect the other parent's parenting time must provide written notice to the other parent at least [____] days (recommended: 60-90 days) before the proposed relocation.

9.2 Content of Notice. The written notice of proposed relocation shall include: (a) the proposed new address; (b) the date of the proposed move; (c) the reasons for the proposed relocation; (d) a proposed revised parenting time schedule; and (e) a proposed revised transportation arrangement.

9.3 Consent or Objection. Within [____] days of receiving the relocation notice, the non-relocating parent shall respond in writing, either consenting to or objecting to the proposed relocation.

9.4 Court Approval Required. If the non-relocating parent objects to the proposed relocation, the relocating parent must seek court approval before relocating with the child(ren). The court shall consider the factors set forth in Tropea v. Tropea, including: (a) each parent's reasons for seeking or opposing the move; (b) the quality of the relationships between the child(ren) and each parent; (c) the impact of the move on the quantity and quality of future contact with the non-relocating parent; (d) the degree to which the custodial parent's and child(ren)'s lives may be enhanced economically, emotionally, and educationally by the proposed move; and (e) the feasibility of preserving the relationship between the non-relocating parent and the child(ren) through suitable parenting time arrangements.

9.5 Local Moves. Both parents shall notify the other parent in writing of any change of address or telephone number within [____] days of the change, regardless of whether the move constitutes a relocation affecting parenting time.

ARTICLE X: RIGHT OF FIRST REFUSAL

10.1 Right of First Refusal. If either parent is unable to personally care for the child(ren) during their scheduled parenting time for a period exceeding [____] hours (e.g., 4-8 hours), that parent shall first offer the other parent the opportunity to care for the child(ren) during that time before making alternative childcare arrangements.

10.2 Procedure. The parent seeking childcare shall contact the other parent with as much advance notice as reasonably possible, but no less than [____] hours before the anticipated absence. The other parent shall respond within [____] hours. If the other parent declines or fails to respond, the requesting parent may make alternative childcare arrangements.

10.3 Exceptions. The right of first refusal does not apply to: (a) time the child(ren) spend at school, daycare, or regularly scheduled activities; (b) care by a grandparent or close family member for periods of less than [____] hours; or (c) emergency situations.

ARTICLE XI: CHILD SUPPORT

11.1 Child Support. Child support is:
☐ Addressed in a separate order dated [__/__/____].
☐ To be determined in a separate proceeding.
☐ Set forth in this agreement as follows: [________________________________] shall pay to [________________________________] the sum of $[________________________________] per month, payable on the [____] day of each month, consistent with the Child Support Standards Act (CSSA), DRL Section 240(1-b).

11.2 Child Support Standards Act (CSSA). The parties acknowledge that under DRL Section 240(1-b), child support is calculated based on the combined parental income, applying the following percentages: one child (17%), two children (25%), three children (29%), four children (31%), five or more children (not less than 35%).

11.3 Income Cap. The statutory income cap for child support purposes is currently $[________________________________] (subject to periodic adjustment by the legislature). For combined parental income above the cap, the court has discretion to apply the statutory percentages or consider other relevant factors.

11.4 Add-On Expenses. In addition to basic child support, the parties shall share the following additional expenses in proportion to their respective incomes (or as otherwise agreed):
☐ Childcare expenses necessary for employment or education.
☐ Unreimbursed medical, dental, vision, and mental health expenses.
☐ Health insurance premiums attributable to the child(ren).
☐ Educational expenses (tuition, school supplies, fees).
☐ Extracurricular activity expenses.
☐ Other: [________________________________]

ARTICLE XII: HEALTH INSURANCE AND MEDICAL EXPENSES

12.1 Health Insurance. [________________________________] shall maintain health insurance coverage for the child(ren) through their employer or private plan. If neither parent has employer-provided coverage available at a reasonable cost, the parties shall share the cost of private coverage as follows: [________________________________].

12.2 Unreimbursed Medical Expenses. All unreimbursed medical, dental, orthodontic, vision, prescription, therapeutic, and mental health expenses for the child(ren) shall be shared by the parents as follows:
☐ Pro rata based on their respective incomes.
☐ Equally (50/50).
☐ [________________________________]% by [________________________________] and [________________________________]% by [________________________________].

12.3 Insurance Cards. Each parent shall have a copy of the child(ren)'s health insurance cards and information at all times. The parent with the insurance policy shall promptly provide updated insurance information to the other parent.

12.4 Reimbursement. The parent who incurs an unreimbursed medical expense shall provide documentation (receipts, EOBs) to the other parent within [____] days. The other parent shall reimburse their share within [____] days of receiving documentation.

ARTICLE XIII: EDUCATION EXPENSES

13.1 K-12 Education. The child(ren) shall attend:
☐ The public school in the district of the custodial parent's residence.
☐ [________________________________] (private/parochial school). The cost of tuition shall be shared as follows: [________________________________].

13.2 College/Post-Secondary Education. The parties' obligations regarding college or post-secondary education are:
☐ Reserved for future determination.
☐ Set forth as follows: [________________________________].

13.3 Tutoring and Special Education. If the child(ren) require tutoring, special education services, or educational evaluations, the parents shall share the cost as follows: [________________________________].

ARTICLE XIV: TAX DEPENDENCY EXEMPTIONS AND CREDITS

14.1 Tax Dependency. The right to claim the child(ren) as dependents for federal and state income tax purposes shall be allocated as follows:

☐ [________________________________] shall claim [________________________________] (child's name) as a dependent every year.
☐ The parents shall alternate claiming [________________________________] (child's name) as a dependent, with [________________________________] claiming in even years and [________________________________] claiming in odd years.
☐ Other arrangement: [________________________________]

14.2 Cooperation. The parent not claiming the child(ren) shall execute IRS Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent) or its equivalent, as necessary to effectuate this agreement.

14.3 Condition on Support. The right to claim the dependency exemption/credit is conditioned upon the obligor parent being current on all child support obligations.

ARTICLE XV: CONDUCT AND SAFETY PROVISIONS

15.1 No Disparagement. Neither parent shall make disparaging, derogatory, or negative remarks about the other parent, the other parent's family, or the other parent's significant other in the presence of or within the hearing of the child(ren). Neither parent shall allow any third party to do so.

15.2 No Alienation. Neither parent shall intentionally or recklessly interfere with the child(ren)'s relationship with the other parent or attempt to influence the child(ren)'s feelings, affection, or loyalty toward the other parent.

15.3 Substance Use. Neither parent shall use illegal drugs or abuse alcohol at any time while exercising parenting time. Neither parent shall consume alcohol to the point of intoxication during parenting time or within [____] hours before the commencement of parenting time.

15.4 Vehicle Safety. Both parents shall ensure that the child(ren) are properly restrained in age-appropriate car seats, booster seats, or seatbelts at all times while traveling in a motor vehicle, in compliance with New York Vehicle and Traffic Law Section 1229-c.

15.5 Supervision. Neither parent shall leave the child(ren) unsupervised in a manner inconsistent with the child(ren)'s age and maturity. Both parents shall ensure that any caregiver or babysitter is a responsible, appropriate adult.

15.6 Introduction of Significant Others. Neither parent shall introduce a new romantic partner to the child(ren) as a significant other until the relationship has been established for at least [____] months (suggested: 3-6 months). Neither parent shall allow a romantic partner to spend the night in the same residence as the child(ren) until [________________________________].

15.7 Firearms. Any firearms in either parent's home shall be stored in a locked safe or with a trigger lock, with ammunition stored separately, at all times when the child(ren) are present.

15.8 Exposure to Harmful Persons. Neither parent shall knowingly expose the child(ren) to any person who has been convicted of a violent crime, sexual offense, or crime against children, or who is a registered sex offender.

ARTICLE XVI: DISPUTE RESOLUTION

16.1 Mediation. Before filing any motion with the Court to modify or enforce this order (except in cases of emergency, domestic violence, or immediate danger to the child(ren)), the parties shall first attempt to resolve the dispute through mediation with a qualified family mediator.

16.2 Mediator Selection. The parties shall agree on a mediator within [____] days of a written request for mediation. If the parties cannot agree on a mediator, each party shall select one name and the mediator shall be selected by coin toss or by the Court.

16.3 Cost of Mediation. The cost of mediation shall be shared:
☐ Equally (50/50).
☐ Pro rata based on the parties' respective incomes.
☐ As follows: [________________________________]

16.4 Emergency Exception. Notwithstanding the mediation requirement, either parent may file an emergency motion directly with the Court if the child(ren)'s health or safety is at immediate risk, or if domestic violence has occurred.

ARTICLE XVII: MODIFICATION

17.1 Standard for Modification. This order may be modified only upon a showing of a substantial change in circumstances since the entry of this order, and that the proposed modification is in the best interests of the child(ren), as required by New York law. See Matter of Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982).

17.2 Written Agreement. The parties may modify this order by written agreement signed by both parties and approved by the Court.

17.3 Court Approval. Any modification to custody or parenting time must be approved by the Court to be enforceable as a court order.

ARTICLE XVIII: MISCELLANEOUS PROVISIONS

18.1 Passports. Neither parent shall obtain or renew a passport for the child(ren) without the written consent of the other parent, except pursuant to court order.

18.2 Travel. If either parent intends to travel with the child(ren) outside the State of New York, the traveling parent shall provide the other parent with:
(a) An itinerary, including dates of departure and return;
(b) The destination address and contact information;
(c) Airline and hotel information (if applicable); and
(d) A telephone number at which the child(ren) can be reached.
Notice shall be provided at least [____] days before departure.

18.3 International Travel. Neither parent shall travel internationally with the child(ren) without:
☐ The prior written consent of the other parent.
☐ A court order permitting the travel.

18.4 Emergency Contact. Each parent shall list the other parent as an emergency contact on all school, medical, and activity registration forms.

18.5 Personal Belongings. The child(ren)'s clothing, school supplies, medications, and necessary personal belongings shall travel freely between the parents' homes. Neither parent shall withhold the child(ren)'s personal property.

18.6 Compliance with Orders. Both parents shall comply with all provisions of this order. Willful violation of this order may constitute contempt of court, punishable by fine or imprisonment under New York Judiciary Law Section 753.

18.7 Severability. If any provision of this stipulation is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.8 Entire Agreement. This stipulation constitutes the entire agreement between the parties regarding custody and parenting time of the child(ren), superseding all prior agreements, understandings, and negotiations, whether written or oral.

18.9 Governing Law. This stipulation shall be governed by and construed in accordance with the laws of the State of New York.

ARTICLE XIX: SIGNATURES AND ACKNOWLEDGMENTS

The undersigned parties have read this Stipulation and Order, understand its terms, and voluntarily agree to be bound by its provisions. Each party acknowledges that they have had the opportunity to consult with an attorney before signing this agreement.

PETITIONER:

Date: [__/__/____]                    ________________________________________
                                      [________________________________]
                                      (Print Name)

                                      Address: [________________________________]
                                      Telephone: [________________________________]


RESPONDENT:

Date: [__/__/____]                    ________________________________________
                                      [________________________________]
                                      (Print Name)

                                      Address: [________________________________]
                                      Telephone: [________________________________]

APPROVAL BY COUNSEL

APPROVED AS TO FORM:

Attorney for Petitioner:              Attorney for Respondent:

Date: [__/__/____]                    Date: [__/__/____]

______________________________        ______________________________
[________________________________]    [________________________________]
Bar No.: [________________]          Bar No.: [________________]
Firm: [________________________________]   Firm: [________________________________]
Address: [________________________________]  Address: [________________________________]
Tel: [________________________________]  Tel: [________________________________]
Email: [________________________________]  Email: [________________________________]

COURT ORDER

SO ORDERED

The Court, having reviewed this Stipulation and the parties' representations, and finding that this Stipulation is in the best interests of the child(ren) as required by Domestic Relations Law Section 240(1) and applicable case law, hereby orders and directs that this Stipulation be entered as an Order of this Court.

The Court finds:
☐ Both parties appeared and were advised of their rights.
☐ Both parties entered this Stipulation voluntarily and knowingly.
☐ The terms of this Stipulation are fair, reasonable, and in the best interests of the child(ren).
☐ The Court has jurisdiction over this matter pursuant to DRL Section 76-a / FCA Section 651.

Date: [__/__/____]

                                      ________________________________________
                                      HON. [________________________________]
                                      ☐ FAMILY COURT JUDGE
                                      ☐ SUPREME COURT JUSTICE
                                      [________________________________] County

PRACTICE NOTES AND GUIDANCE (NEW YORK)

Key New York Custody Law Principles

1. Best Interests Standard. New York courts determine custody based on the "best interests of the child" standard under DRL Section 240(1). The child's health and safety are the paramount concerns.

2. Best Interest Factors. New York courts consider: (a) the quality of the home environment and parental guidance; (b) the ability of each parent to provide for the child's emotional and intellectual development; (c) the financial status and ability of each parent; (d) the child's wishes (depending on age and maturity); (e) the mental and physical health of the parents; (f) domestic violence history; (g) the effect of substance abuse; (h) which parent has been the primary caretaker; (i) the willingness of each parent to foster the child's relationship with the other parent; and (j) any other factor the court deems relevant.

3. Tropea v. Tropea Standard for Relocation. The landmark case of Tropea v. Tropea, 87 N.Y.2d 727 (1996), established a multi-factor test for relocation cases, requiring courts to consider each parent's reasons for seeking or opposing the move, the quality of relationships between the child and each parent, the impact on future contact, and the degree to which the child's life may be enhanced.

4. UCCJEA Jurisdiction. New York adopted the UCCJEA in DRL Sections 75-a through 77-e, providing for home state jurisdiction and preventing competing custody orders in different states.

Required New York Court Forms

• General Form 17 (GF-17): Petition for Custody/Visitation (Family Court)
• General Form 18 (GF-18): Order on Petition for Custody/Visitation (Family Court)
• General Form 40 (GF-40): Modification Petition for Custody/Visitation
• UCCJEA Declaration: Required affidavit regarding prior custody proceedings

County-Specific Considerations

Different counties in New York may have specific local rules regarding:

• Parenting education requirements (22 NYCRR Part 144)
• Mediation programs and requirements
• Guardian ad litem or attorney for the child appointments
• Home study or forensic evaluation procedures
• Filing fees and service requirements

SOURCES AND REFERENCES

• New York Domestic Relations Law Section 240: https://codes.findlaw.com/ny/domestic-relations-law/dom-sect-240/
• New York Family Court Act Sections 651-654: https://codes.findlaw.com/ny/family-court-act/
• Tropea v. Tropea, 87 N.Y.2d 727 (1996): https://law.justia.com/cases/new-york/court-of-appeals/1996/87-n-y-2d-727-0.html
• Matter of Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982)
• New York UCCJEA (DRL Sections 75-a through 77-e): https://www.nysenate.gov/legislation/laws/DOM
• New York Courts - Custody and Visitation Forms: https://ww2.nycourts.gov/forms/familycourt/custodyvisitation.shtml
• Best Interest of the Child (NY Court Help): https://www.nycourts.gov/courthelp/family/bestInterest.shtml
• 22 NYCRR Part 144 (Parenting Education Programs)