New York Sole Custody Agreement

NEW YORK SOLE CUSTODY AGREEMENT

Stipulation and Agreement for Sole Custody with Visitation
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: Under New York law, sole custody awards grant one parent exclusive decision-making authority (sole legal custody) and/or primary residential custody (sole physical custody). Sole custody is appropriate where joint custody is not feasible — for example, due to geographic distance, high parental conflict, domestic violence, parental unfitness, or one parent's inability to cooperate. See Braiman v. Braiman, 44 N.Y.2d 584 (1978). The non-custodial parent typically retains visitation (parenting time) rights unless a court determines that visitation would be harmful to the child.

In the Matter of the Custody of:

[________________________________] (Child/Children)

Between:

[________________________________], Custodial Parent (Petitioner/Plaintiff)

-and-

[________________________________], Non-Custodial Parent (Respondent/Defendant)

Docket/Index No.: [________________________________]

ARTICLE I — PARTIES, CHILDREN, AND BACKGROUND

1.1 Custodial Parent Information

1.2 Non-Custodial Parent Information

1.3 Child(ren) Identification

1.4 Related Proceedings

☐ Divorce/Matrimonial Action — Supreme Court, [________________________________] County, Index No. [________________________________]
☐ Custody Petition — Family Court, [________________________________] County, Docket No. [________________________________]
☐ Order of Protection — Docket No. [________________________________], expiration [__/__/____]
☐ ACS/CPS Investigation — Case No. [________________________________]
☐ None

1.5 Basis for Sole Custody

The Parties agree that sole custody to the Custodial Parent is in the Child(ren)'s best interests for the following reason(s):

☐ Geographic distance precludes effective joint custody
☐ History of parental conflict rendering cooperation impractical
☐ Non-Custodial Parent's limited availability due to: [________________________________]
☐ Domestic violence history (see Article VII)
☐ Non-Custodial Parent's substance abuse (in recovery / currently addressed)
☐ Non-Custodial Parent's mental health concerns (currently addressed through treatment)
☐ Non-Custodial Parent's voluntary agreement
☐ Other: [________________________________]

1.6 Effective Date

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

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Sole Legal Custody Designation

The Custodial Parent shall have sole legal custody of the Child(ren) and exclusive authority to make all major decisions concerning the Child(ren)'s health, education, religious upbringing, and general welfare, including but not limited to:

• Education: School enrollment and transfers; public vs. private school; special education decisions (IEP/504); applications to specialized programs or schools; tutoring; college planning
• Medical/Health: Selection of healthcare providers; non-emergency medical treatment; surgery; ongoing prescriptions; vaccinations; orthodontic care
• Mental Health: Initiation and selection of therapy, counseling, or psychiatric treatment
• Religious: Religious education, practice, and ceremonies
• Extracurricular: Enrollment in sports, arts, camps, and other activities
• Legal: Passport applications; name changes; consent to legal proceedings
• Travel: Domestic and international travel arrangements

2.2 Consultation with Non-Custodial Parent

☐ Option A — Consultation Encouraged but Not Required: The Custodial Parent is encouraged, but not required, to consult with the Non-Custodial Parent before making major decisions. The Custodial Parent retains final authority.

☐ Option B — Consultation Required on Specified Matters: The Custodial Parent shall make reasonable efforts to consult with the Non-Custodial Parent on the following matters before making a final decision (but the Custodial Parent retains final decision-making authority):

• ☐ Education decisions
• ☐ Non-emergency medical decisions
• ☐ Mental health treatment
• ☐ Religious upbringing
• ☐ Other: [________________________________]

☐ Option C — No Consultation Required: Due to the circumstances described in Section 1.5, no consultation obligation exists.

2.3 Notification After Major Decisions

Regardless of the consultation option selected above, the Custodial Parent shall notify the Non-Custodial Parent in writing within [____] days of any major decision, including:

• Changes in school enrollment
• Commencement or change of medical treatment
• Commencement of mental health services
• Any emergency medical treatment rendered

ARTICLE III — SOLE PHYSICAL CUSTODY AND RESIDENCE

3.1 Primary Residence

The Child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]
County: [________________________________]
School District: [________________________________]

3.2 Change of Residence Within New York State

The Custodial Parent may relocate within New York State upon providing [____] days' written notice to the Non-Custodial Parent, including the new address and any proposed changes to the visitation schedule.

3.3 Relocation Outside New York State or Substantial Distance

A proposed relocation that would substantially affect the Non-Custodial Parent's visitation rights requires:
☐ Written consent of the Non-Custodial Parent; or
☐ Court approval following petition and hearing

The court will evaluate any contested relocation under Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), considering:

• Each parent's reasons for seeking or opposing the move
• The quality of the Child(ren)'s relationships with each parent
• The impact on future contact with the Non-Custodial Parent
• Whether the move enhances the Child(ren)'s life economically, emotionally, or educationally
• The feasibility of preserving the relationship through modified visitation

Practice Note: Under Tropea, even a custodial parent bears the burden of demonstrating that the proposed relocation serves the child's best interests. The court engages in a case-by-case analysis without per se rules about distance.

ARTICLE IV — NON-CUSTODIAL PARENT VISITATION

4.1 Visitation Type

☐ Standard Unsupervised Visitation (Section 4.2)
☐ Expanded Unsupervised Visitation (Section 4.3)
☐ Supervised Visitation (Section 4.4)
☐ Therapeutic Supervised Visitation (Section 4.5)
☐ No Visitation (Section 4.6)
☐ Graduated/Step-Up Visitation (Section 4.7)

4.2 Standard Unsupervised Visitation Schedule

• Weekends: Alternating weekends from Friday at [____] PM to Sunday at [____] PM
• Midweek: One evening per week ([________________________________]) from [____] PM to [____] PM ☐ with overnight ☐ without overnight
• Summer: [____] weeks of extended time, with [____] days' advance written notice
• Holidays: Per the holiday schedule in Section 4.8

Exchange Location: [________________________________]
Transportation: ☐ Non-Custodial Parent picks up and returns ☐ Custodial Parent transports ☐ Shared: [________________________________]

4.3 Expanded Unsupervised Visitation Schedule

• Weekends: Alternating weekends from Friday after school to Monday morning (school drop-off)
• Midweek: Two evenings per week ([________________________________]) from after school to [____] PM ☐ with overnight ☐ without overnight
• Summer: [____] weeks, which may be consecutive, with [____] days' advance notice
• Holidays: Per the holiday schedule in Section 4.8

4.4 Supervised Visitation

Visitation by the Non-Custodial Parent shall be supervised as follows:

Supervisor:
☐ A New York State-approved supervised visitation program: [________________________________]
☐ A professional therapeutic supervisor: [________________________________]
☐ A mutually agreed-upon responsible adult: [________________________________]

Schedule: [____] visits per ☐ week ☐ month, each lasting [____] hours
Location: [________________________________]
Cost of supervision: ☐ Non-Custodial Parent ☐ Shared equally ☐ Other: [________________________________]

Conditions:
☐ Non-Custodial Parent shall submit to random drug/alcohol testing
☐ Non-Custodial Parent shall not discuss custody litigation with the Child(ren)
☐ Non-Custodial Parent shall complete: [________________________________] before supervision may be reduced
☐ Other conditions: [________________________________]

Practice Note: New York courts may order supervised visitation through programs such as the Safe Horizon Supervised Visitation Program (NYC), the Children's Aid Society, or county-specific programs. Outside NYC, county-based supervised visitation services may have waitlists. The court or parties should identify an available program early.

4.5 Therapeutic Supervised Visitation

Visitation shall be supervised by a licensed mental health professional to assist with:
☐ Reunification following an extended separation
☐ Rebuilding the parent-child relationship following domestic violence
☐ Addressing the child's anxiety or reluctance about visitation
☐ Other therapeutic goal: [________________________________]

Therapist/Provider: [________________________________]
Frequency: [________________________________]

4.6 No Visitation

☐ Visitation is suspended or denied due to: [________________________________]
☐ The Non-Custodial Parent may petition the Court for visitation rights in the future upon demonstrating: [________________________________]

Note: Complete denial of visitation is an extraordinary remedy under New York law and requires a showing that visitation would be detrimental to the child's welfare. See Weiss v. Weiss, 52 N.Y.2d 170 (1981) (visitation with a non-custodial parent is presumed to be in the child's best interest).

4.7 Graduated/Step-Up Visitation Plan

When circumstances are improving (e.g., completion of treatment, period of sobriety, reestablishment of contact), visitation may increase in phases:

Advancement to each phase requires:
☐ Compliance with all conditions of the current phase
☐ No missed or canceled visits for [____] consecutive visits
☐ Recommendation of therapist/supervisor
☐ Agreement of the AFC (Attorney for the Child)
☐ Court approval

4.8 Holiday Schedule

Holiday visitation supersedes the regular schedule.

ARTICLE V — COMMUNICATION

5.1 Parent-to-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the Child(ren):
☐ Daily at approximately [________________________________]
☐ At reasonable times upon reasonable request
☐ Per the following schedule: [________________________________]

Calls shall be of reasonable duration. The Custodial Parent shall not monitor, record, or interfere with these communications.

5.2 Parent-to-Parent Communication

☐ Direct communication via phone, text, or email
☐ Non-emergency communication through co-parenting app: [________________________________]
☐ Through attorneys only (high-conflict / order of protection situations)

5.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any medical emergency, serious illness, or hospitalization
• Any injury requiring emergency room treatment
• Any involvement with law enforcement or ACS/CPS
• Any school suspension or expulsion

The Non-Custodial Parent shall notify the Custodial Parent within twenty-four (24) hours of any change of address, phone number, or employment, and of any arrest, criminal charges, or order of protection.

ARTICLE VI — RECORDS AND INFORMATION

Regardless of the sole custody designation, the Non-Custodial Parent shall have the right to independently access the Child(ren)'s:

• School records, report cards, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity information

Both Parents shall be listed as emergency contacts at the Child(ren)'s school and medical providers.

New York Law Note: Under DRL § 240, a non-custodial parent generally retains the right of access to records unless specifically restricted by court order. Schools and medical providers may not deny access based solely on the absence of custody.

ARTICLE VII — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

7.1 Applicability

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

7.2 New York Legal Framework

Under DRL § 240(1) and Kyra's Law (L. 2023, ch. 218):

• The court 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, there is a rebuttable presumption against unsupervised visitation or custody to the offending parent
• The child's safety is identified as a threshold element of the best interest analysis

7.3 Specific Safety Provisions (If Applicable)

☐ Active Order of Protection — Docket No. [________________________________]

• Stay-away provisions: [________________________________]
• Exceptions for parenting time: [________________________________]

☐ Supervised exchange required — Location: [________________________________]
☐ Supervised visitation required (see Article IV, Section 4.4)
☐ No direct communication between Parents
☐ Batterer's intervention program required: [________________________________]
☐ Drug/alcohol testing required — Frequency: [________________________________], Method: [________________________________]
☐ Anger management program required: [________________________________]
☐ Forensic evaluation ordered/completed

Practice Note: In NYC, the NYC Family Justice Centers (one in each borough) provide resources for domestic violence survivors, including assistance with orders of protection and custody matters. Outside NYC, county-based domestic violence programs and legal aid organizations may provide similar support.

ARTICLE VIII — COVENANTS AND RESTRICTIONS

8.1 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.

8.2 No Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or attempt to undermine the Custodial Parent's relationship with the Child(ren).

8.3 Facilitation of Relationship

The Custodial Parent shall actively support and facilitate the Child(ren)'s relationship with the Non-Custodial Parent and shall not engage in alienating behavior or attempt to limit contact beyond the terms of this Agreement.

8.4 Timely Return

The Non-Custodial Parent shall return the Child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the Child(ren) without notice and good cause constitutes a material breach and may result in contempt proceedings.

8.5 Substance Restrictions

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

8.6 Firearms Safety

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

ARTICLE IX — DEFAULT AND REMEDIES

9.1 Events of Default

a. Denial of court-ordered visitation without good cause
b. Failure to return the Child(ren) at scheduled time
c. Violation of supervised visitation conditions
d. Interference with the Custodial Parent's legal custody rights
e. Violation of an order of protection
f. Material breach of any covenant in this Agreement

9.2 Remedies

a. Make-up visitation time for wrongfully denied visits
b. Suspension, reduction, or additional supervision of visitation
c. Contempt proceedings under Judiciary Law § 756
d. Modification of custody or visitation
e. Reallocation of counsel fees under DRL § 237 or § 238
f. Any other relief available at law or equity

9.3 Emergency Relief

Either Parent may seek immediate emergency relief from the Court, including temporary orders of protection (FCA § 656), where the Child(ren)'s health, safety, or welfare is at risk.

ARTICLE X — DISPUTE RESOLUTION

10.1 Mediation

Before filing an enforcement or modification petition (except in emergencies), the Parents shall attend at least one mediation session with a qualified family mediator.

10.2 Attorney for the Child

In any contested proceeding, the Court shall appoint an Attorney for the Child pursuant to FCA § 241 to represent the Child(ren)'s interests and wishes.

10.3 Forum

All proceedings shall be filed in:
☐ Family Court, [________________________________] County
☐ Supreme Court, [________________________________] County

10.4 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).

ARTICLE XI — MODIFICATION

Either Parent may petition the Court for modification of this Agreement 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).

The Custodial Parent and Non-Custodial Parent may also agree to modifications in writing, subject to court approval.

ARTICLE XII — GENERAL PROVISIONS

Severability: If any provision is held unenforceable, the remaining provisions continue in full force.

Integration: This Agreement constitutes the complete understanding of the parties regarding custody and visitation.

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

Counterparts: This Agreement may be executed in counterparts, including electronically.

Survival: All representations, warranties, and covenants survive execution and remain in effect for the duration of this Agreement.

EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Sole Custody Agreement.

CUSTODIAL PARENT:

Signature: _________________________________

Print Name: [________________________________]

Date: [__/__/____]

NON-CUSTODIAL PARENT:

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.

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

(Repeat for Non-Custodial Parent)

SO ORDERED

The foregoing Sole Custody Agreement having been reviewed by this Court, and the Court finding that sole custody to [________________________________] is in the best interests of the Child(ren):

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

IT IS FURTHER ORDERED that the Non-Custodial Parent shall have visitation as specified in Article IV of this Agreement.

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 § 70 — Habeas corpus to determine custody
• NY Domestic Relations Law § 237 — Counsel fees in matrimonial actions
• 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
• Eschbach v. Eschbach, 56 N.Y.2d 167 (1982) — Best interest factors
• Weiss v. Weiss, 52 N.Y.2d 170 (1981) — Presumption in favor of visitation
• Braiman v. Braiman, 44 N.Y.2d 584 (1978) — Joint custody requires cooperation
• Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982) — Modification standard
• Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996) — Relocation standard
• Kyra's Law (L. 2023, ch. 218) — Domestic violence and custody safety
• NYC Family Justice Centers — Resources for DV survivors in custody matters
• General Form GF-17 — Petition for Custody/Visitation (nycourts.gov)