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In the realm of family law, the New York Parenting Plan form serves as a crucial tool for parents navigating the complexities of custody arrangements. This form is designed to facilitate clear communication and establish a structured plan for the care and upbringing of children following a separation or divorce. It encompasses vital information about the child or children involved, including their full names, dates of birth, and gender. The form outlines a comprehensive parenting time schedule, detailing how weekdays, weekends, and summer breaks will be divided between parents. Additionally, it addresses holiday arrangements, ensuring that both parents have the opportunity to share significant moments with their children. Specific sections allow parents to specify their preferences for holidays, birthdays, and school breaks, fostering a sense of stability and predictability for the children. By carefully completing this form, parents can create a roadmap that prioritizes the best interests of their children while minimizing conflict and uncertainty.
New York Parenting Plan Example
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - PART
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Plaintiff, |
Index No. |
PARENTING PLAN
Defendant.
This Plan is: Proposed by Plaintiff. Proposed by Defendant.
1.INFORMATION ABOUT THE CHILD[REN]:
Full Name |
Date of Birth |
Gender |
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2.PARENTING TIME SCHEDULE:
2.1Weekday and Weekend Schedule.
Our child[ren] will be in the care of |
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(list days |
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of |
(name of parent) |
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week and times): |
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Our child[ren] will be in the care of |
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(list |
days
(other parent’s name)
of week and times):
2.2Summer Schedule.
Choose One:
The schedule described above in Section 2.1 will continue throughout the summer except that
OR
The schedule for time with our child[ren] will be different during the summer than it is in the winter (describe below):
Our child[ren] will be in the care of |
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(list |
(name of parent)
days of the week and times):
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Our child[ren] will be in care of |
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(list days |
(other parent’s name)
of the week and times):
PARENTING PLAN REV 6/13 |
page 2. |
2.3Holiday Schedule.
The following holiday schedule will take priority over the regular weekday, weekend, and summer schedules discussed above. If a holiday is not specified as even, odd or every year with one parent, then our child[ren] will remain with the parent they are normally scheduled to be with.
Check One or Both:
When parents are using an alternating weekend plan and the holiday schedule would result in one parent having the child[ren] for three weekends in a row, the alternating weekend pattern will restart, so neither parent will go without having the child[ren] for more than two weekends in a row.
If a parent has our child[ren] on a weekend with an unspecified holiday or
Fill in the blanks below with the parent’s name to indicate where the child[ren] will be for the holidays. Provide beginning and ending times.
Holidays |
Even Years |
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Odd Years Every Year |
Beginning/Ending Times |
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Mother’s Day |
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Father’s Day |
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Thanksgiving |
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For Thanksgiving, |
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Christmas Eve |
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Christmas Eve, |
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Christmas, New |
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Christmas |
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Year’s Eve, and |
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New Year’s, PROVIDE |
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New Year’s Eve |
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ADDITIONAL DETAILS |
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BELOW in SECTIONS |
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New Year’s |
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2.4 and 2.5 |
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Martin Luther |
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King Day |
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President’s Day |
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PARENTING PLAN REV 6/13 |
page 3. |
Easter
Memorial Day
Fourth of July
Labor Day
Halloween
Veteran’s Day
Other:
2.4Thanksgiving. Details for sharing time with the child[ren] during this holiday are:
2.5Winter Break (Christmas, New Year’s, and School Vacation).
Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Section 2.1.
OR
Our child[ren] will spend half of Winter Break with each parent on a schedule that is consistent with the alternating holidays described above.
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Other: Details for sharing time with the child[ren] during Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day and school vacation are:
PARENTING PLAN REV 6/13 |
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in even years. in odd years.
2.6Spring Break.
Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Section 2.1.
OR
Our child[ren] will alternate spending spring break with each parent (indicate which parent).
With
With
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Our child[ren] will spend half of spring break with each parent (provide details):
2.7Child[ren]’s Birthdays. Choose One:
Our child[ren] will be in the care of each parent according to the schedule described in Sections 2.1 and 2.2.
OR
Our child[ren]’s birthdays will be planned so that both parents participate in the birthday celebration.
OR
PARENTING PLAN REV 6/13 |
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Our child[ren] will celebrate birthdays according to the following plan (indicate which parent has the child[ren], and any other important details.:
2.8Other Holiday and Vacations. Details for sharing time with the child[ren] during other holidays or vacation are:
2.9Number of Overnights.
Our schedule for sharing time with our child[ren] results in our child[ren]
spending |
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overnights in the home of |
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(name of |
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one parent) and |
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overnights in the home of |
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(name of other parent). |
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2.10Primary Residence (Optional).
We agree that our child[ren] shall primarily reside with (name of one parent).
We agree that neither residence shall be considered the “primary” residence.”
2.11Alternate Care (Optional).
We choose not to specify arrangements for alternate care.
Our arrangements for alternate care are:
PARENTING PLAN REV 6/13 |
page 6. |
2.12Temporary Changes to the Schedule.
Any schedule for sharing time with our child[ren] may be changed as long as both parents agree to the changes ahead of time in writing OR
verbally (choose one).
Activities scheduled during the other parent’s time must be coordinated with the other parent.
Makeup and Missed Parenting Time: Only substantial medical reasons will be considered sufficient for postponement of parenting time. If a child is ill and unable to spend time with a parent, a makeup parenting time will be scheduled. If a parent fails to have the child[ren] during their scheduled parenting time for any other reason, there will be no makeup of parenting time unless the parties agree otherwise in writing.
2.13Permanent Changes to the Schedule.
We understand that, once the judge signs the final judgment in our case and approves this Parenting Plan, any changes that we do not agree on can be made only by applying to the court and proving that there has been a “change in circumstance.”
Before applying to the court, we understand that we can agree to try to resolve our dispute through mediation or other means.
3.
3.1
Each parent will make
3.2.Major Decisions.
PARENTING PLAN REV 6/13 |
page 7. |
Major decisions include, but are not limited to, decisions about our child[ren]’s education,
Choose One: |
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(parent’s name) shall have sole |
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Both parents will share in the responsibility for making major decisions about our child[ren]. This arrangement is known by the courts as Joint Custody.
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(Choose One). |
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(Parent’s name) shall always consult with the |
other parent prior to making major decisions. |
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(Parent’s name) shall have the option to consult |
with the other parent prior to making major decisions.
OR
Other - - Describe how major decisions will be handled; including dividing the responsibility for major decisions between the parents according to each parent’s strengths/weaknesses:
4.INFORMATION SHARING:
Unless there is court order stating otherwise:
Both parents are entitled to important information regarding our child[ren]
PARENTING PLAN REV 6/13 |
page 8. |
including but not limited to, our child[ren]’s current address and telephone number, education, medical, governmental agency, psychological and law enforcement records.
Information about our child[ren]’s progress in school and any school activity is equally available to both parents. Both parents are encouraged to consult with school staff concerning our child[ren]’s welfare and education.
Both parents will immediately notify each other regarding any emergency circumstances or substantial changes in the health of our child[ren].
Both parents will provide each other with contact numbers and addresses and will notify each other of any change in that information within 72 hours of such a change. If either parent takes our child[ren] from their usual place of residence, they will provide the other parent with an emergency contact phone number.
5.RELOCATION OF A PARENT:
5.1Neither parent shall relocate outside his/her immediate vicinity without the prior permission of the other parent or an order of the court.
5.2Other:
6.
Choose One:
Both parents and child[ren] shall have the right to communicate by telephone, in writing or by
OR
PARENTING PLAN REV 6/13 |
page 9. |
Procedures for telephone, written or
7.EXCHANGE OF OUR CHILD[REN]:
7.1 Choose One:
Both parents will share equally in the responsibility of exchanging our child[ren] from one parent to the other while parents continue to reside in the same locale.
OR
Procedures for exchanging our child[ren] (provide details):
7.2Both parents shall have the child[ren] ready on time with sufficient clothing packed and ready at the
All clothing that accompanied our child[ren] shall be returned to the other parent.
8.MUTUAL RESPECT:
Parents will not say things or knowingly allow others to say things in the presence of our child[ren] that would take away our child[ren]’s love and respect for the other parent.
9.OTHER TERMS:
Add any other items regarding the child[ren] you would like to include in your
PARENTING PLAN REV 6/13 |
page 10. |
File Breakdown
| Fact Name | Details |
|---|---|
| Governing Law | The New York Parenting Plan form is governed by New York Domestic Relations Law. |
| Purpose | This form is designed to outline the parenting time schedule and responsibilities for children after a separation or divorce. |
| Child Information | It requires detailed information about the child or children, including their full names, dates of birth, and genders. |
| Parenting Time Schedule | The form includes sections for weekday, weekend, summer, holiday schedules, and special occasions like birthdays. |
| Flexibility | Parents can choose between different options for summer and holiday schedules, allowing for customized arrangements. |
| Submission | The completed Parenting Plan must be submitted to the court for approval as part of the divorce or custody proceedings. |
Guide to Using New York Parenting Plan
After you have gathered all necessary information, you can begin filling out the New York Parenting Plan form. This form outlines how you and the other parent will share responsibilities and time with your child(ren). Follow the steps below to complete the form accurately.
- At the top of the form, indicate whether the plan is proposed by the Plaintiff or the Defendant.
- In Section 1, provide full names, dates of birth, and genders of your child(ren).
- Move to Section 2.1. List the days of the week and times each parent will care for the child(ren) during weekdays and weekends.
- In Section 2.2, choose whether the weekday/weekend schedule will continue in the summer or if there will be a different schedule. Provide the summer care details for each parent.
- For Section 2.3, fill out the holiday schedule. Indicate the parent’s name for each holiday and provide beginning and ending times.
- In Section 2.4, provide specific details for sharing time during Thanksgiving.
- In Section 2.5, choose how the child(ren) will spend Winter Break and provide any necessary details.
- For Section 2.6, decide how spring break will be shared and provide details as needed.
- In Section 2.7, indicate how birthdays will be celebrated, either according to the regular schedule or with both parents involved.
Get Answers on New York Parenting Plan
What is the New York Parenting Plan form?
The New York Parenting Plan form is a legal document designed to outline the arrangements for the care and custody of children following a separation or divorce. It details the parenting time schedule, including weekdays, weekends, holidays, and special occasions, ensuring that both parents have a clear understanding of their responsibilities and rights regarding their children.
Who should complete the Parenting Plan form?
Both parents involved in the custody arrangement should complete the Parenting Plan form. This ensures that each parent's perspectives and preferences are included in the final plan. Collaboration is key, as the form aims to create a balanced and fair schedule that prioritizes the best interests of the child(ren).
What information is required about the child(ren)?
The form requires basic information about the child(ren), including their full names, dates of birth, and genders. This information helps to identify the children involved in the custody arrangement and ensures that the plan is tailored specifically to their needs.
How is the parenting time schedule structured?
The parenting time schedule is divided into several sections, including:
- Weekday and Weekend Schedule: This section outlines which parent will care for the child(ren) on specific days and times during the week.
- Summer Schedule: Parents can choose to maintain the regular schedule or establish a different one for the summer months.
- Holiday Schedule: This section prioritizes holiday arrangements over regular schedules, detailing where the child(ren) will be during holidays.
Can parents modify the schedule for holidays?
Yes, parents can modify the holiday schedule as needed. The form allows for specific arrangements for holidays, ensuring that both parents have the opportunity to spend time with the child(ren). If a holiday is not specified, the child(ren) will remain with the parent they are typically scheduled to be with.
What happens during special occasions like birthdays?
The Parenting Plan form provides options for how to handle the child(ren)’s birthdays. Parents can choose to follow the regular schedule, or they can plan the celebrations together to ensure both parents participate in this special occasion. This flexibility helps foster a cooperative co-parenting relationship.
Is the Parenting Plan legally binding?
Once approved by the court, the Parenting Plan becomes a legally binding document. This means that both parents are required to adhere to the terms outlined in the plan. If either parent fails to comply, the other parent may seek enforcement through the court system.
Where can I obtain the New York Parenting Plan form?
The New York Parenting Plan form can be obtained from the New York State Unified Court System's website or at your local family court. It is important to ensure you are using the most current version of the form, as updates may occur.
Common mistakes
Filling out the New York Parenting Plan form can be a daunting task, and many people make common mistakes that can lead to confusion or complications later on. One frequent error is not providing complete information about the child(ren). It’s crucial to fill in all the requested details, including full names, dates of birth, and gender. Missing even one piece of information can delay the process or create issues in understanding the plan.
Another mistake often seen is inconsistency in the parenting time schedule. When detailing the weekday and weekend schedules, it’s important to be clear and consistent about which parent will have the child(ren) on specific days and times. Vague language or conflicting times can lead to misunderstandings and disputes down the line. Each parent should carefully review their proposed schedule to ensure it aligns with what they discussed.
People also tend to overlook the importance of the holiday schedule. This section is critical because it outlines how holidays will be shared between parents. Failing to specify which parent will have the child(ren) during holidays can create unnecessary tension. Additionally, it’s essential to indicate the beginning and ending times for each holiday to avoid confusion about when the transition will occur.
Another common pitfall is neglecting to address summer and school breaks. The summer schedule can differ significantly from the regular school year schedule, and it’s vital to provide clear details. Parents should specify how time will be divided during these longer breaks to ensure both parties are on the same page. Ignoring this can lead to last-minute arrangements that may not work for everyone involved.
Lastly, many people forget to review the entire plan before submission. It’s easy to rush through the form, but taking a moment to double-check all entries can prevent mistakes. Ensuring that everything is filled out correctly and that both parents agree on the terms is essential for a smooth process. A thorough review can save time and stress for everyone involved.
Documents used along the form
The New York Parenting Plan form is an essential document for parents navigating custody arrangements. Alongside this form, several other documents may be required to ensure a comprehensive understanding of the parenting responsibilities and rights. Below is a list of related forms that are often used in conjunction with the Parenting Plan.
- Child Support Worksheet: This document outlines the financial support that one parent may be required to provide for the child(ren). It takes into account both parents' incomes, expenses, and the needs of the child(ren) to determine a fair support amount.
- Custody Agreement: A custody agreement details the legal and physical custody arrangements between parents. This document clarifies where the child(ren) will live and how decisions regarding their upbringing will be made.
- Visitation Schedule: This form specifies the times and conditions under which a non-custodial parent can visit the child(ren). It aims to provide a clear structure for visits, ensuring that both parents understand their rights and responsibilities.
- Modification Petition: If circumstances change, a parent may need to request a modification of the existing parenting plan or custody arrangement. This document formally asks the court to reconsider the current terms based on new information or changes in situation.
Understanding these documents can help parents navigate the complexities of co-parenting. It is important to approach these matters with care, ensuring that the best interests of the child(ren) remain at the forefront of all decisions.
Similar forms
- Child Custody Agreement: Similar to the New York Parenting Plan, a Child Custody Agreement outlines the arrangements for the care and upbringing of children following a separation or divorce. It specifies where the children will live, visitation schedules, and how decisions regarding the children will be made.
- Visitation Schedule: This document focuses specifically on the times when a non-custodial parent can spend time with their children. Like the Parenting Plan, it details specific days and times for visits, ensuring that both parents are aware of their responsibilities and rights.
- Child Support Agreement: While primarily focused on financial support, this agreement often accompanies parenting plans. It can include provisions for how expenses related to the child will be shared, similar to how the Parenting Plan outlines the sharing of parenting responsibilities.
- Co-Parenting Agreement: This document sets the tone for how parents will work together to raise their children after separation. It emphasizes communication and cooperation, paralleling the Parenting Plan's goal of providing a structured approach to parenting time and responsibilities.
- Divorce Settlement Agreement: A comprehensive document that addresses all aspects of a divorce, including child custody and support. Like the Parenting Plan, it aims to provide clear guidelines and arrangements for the well-being of children, ensuring both parents understand their roles.
Dos and Don'ts
When filling out the New York Parenting Plan form, it's essential to approach the task thoughtfully. Here are some important dos and don'ts to keep in mind:
- Do provide complete and accurate information about your child(ren), including their full name, date of birth, and gender.
- Do clearly outline the parenting time schedule, specifying days and times for each parent.
- Do consider the child's needs when proposing holiday and vacation schedules.
- Do communicate with the other parent to ensure that both parties agree on the details of the plan.
- Don't leave any sections blank. Incomplete information can lead to confusion and delays.
- Don't make assumptions about the other parent's availability. Always confirm schedules directly with them.
Misconceptions
Understanding the New York Parenting Plan form can be challenging, especially with the various misconceptions surrounding it. Here are ten common misconceptions, along with clarifications for each:
- Only one parent can propose a plan. Many believe that only the plaintiff can propose the parenting plan. In reality, both parents have the option to propose their own plans, ensuring that both perspectives are considered.
- The plan is only for custody arrangements. Some think the parenting plan only addresses custody. However, it also outlines parenting time schedules, holiday arrangements, and other important details about the child's care.
- Changes to the plan cannot be made. A common myth is that once a parenting plan is submitted, it cannot be altered. In fact, parents can modify the plan if circumstances change, as long as both agree to the new terms.
- The form is only necessary for divorce cases. Many assume that the parenting plan is only relevant in divorce situations. This is incorrect; it is also applicable in cases of separation or when parents are never married.
- All parenting plans are the same. Some individuals think there is a standard parenting plan that applies to all families. Each plan is unique and should reflect the specific needs and circumstances of the child and parents involved.
- Holiday schedules are flexible. Some parents believe that holiday schedules can be changed at will. However, once established in the parenting plan, these schedules take priority and should be followed unless both parents agree to a change.
- Only the child’s needs are considered. It is a misconception that the parenting plan focuses solely on the child's needs. While the child's best interests are paramount, the plan also considers the parents' schedules and preferences.
- Legal representation is mandatory to fill out the form. Many think they must hire a lawyer to complete the parenting plan. While legal advice can be helpful, parents can fill out the form on their own if they feel comfortable doing so.
- Once filed, the plan is set in stone. There is a belief that filing the parenting plan makes it unchangeable. In truth, parents can revisit and revise the plan as needed, especially as children grow and circumstances evolve.
- All details must be finalized before submission. Some believe that every detail must be completely decided before submitting the plan. While thoroughness is important, parents can submit a plan with the understanding that some aspects may be finalized later.
By addressing these misconceptions, parents can better navigate the New York Parenting Plan form and create a plan that works for their family.
Key takeaways
Filling out the New York Parenting Plan form requires careful attention to detail. Here are some key takeaways to consider:
- Identify the Proposing Party: Clearly indicate whether the plan is proposed by the plaintiff or the defendant at the beginning of the form.
- Complete Information About the Child(ren): Provide full names, dates of birth, and genders of the children involved. This information is essential for clarity.
- Detail Parenting Time Schedules: Specify weekday, weekend, and summer schedules. Include exact days and times for each parent to ensure both parties understand their responsibilities.
- Establish a Holiday Schedule: Clearly outline how holidays will be shared. Indicate which parent will have the child(ren) during specific holidays and provide times for pick-up and drop-off.
- Plan for Special Occasions: Decide how birthdays and other special events will be handled. Ensure both parents are involved in celebrations to promote a cooperative co-parenting environment.