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The New York Parenting Plan form is a crucial tool for parents navigating custody arrangements and ensuring the well-being of their children. This form serves as a comprehensive outline of how parents will share responsibilities and time with their child or children following a separation or divorce. It begins with essential information about the child, including their full name, date of birth, and gender. The form then details the parenting time schedule, breaking it down into weekday and weekend arrangements, summer schedules, and holiday plans. Parents can specify which days and times each will have the children, allowing for clarity and structure in their co-parenting relationship. Additionally, the form addresses how holidays will be shared, ensuring that both parents have the opportunity to spend quality time with their children during special occasions. This includes specific provisions for Thanksgiving, Christmas, and other significant dates, which can often be contentious. The Parenting Plan also allows for flexibility in scheduling, accommodating the unique needs of each family while prioritizing the child's best interests. By clearly outlining these arrangements, the Parenting Plan form helps to foster a cooperative co-parenting environment, ultimately benefiting the child’s emotional and developmental needs.

Form Sample

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK - PART

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X

Plaintiff,

Index No.

-against-

PARENTING PLAN

Defendant.

---------------------------------------------------------------------------X

This Plan is: Proposed by Plaintiff. Proposed by Defendant.

1.INFORMATION ABOUT THE CHILD[REN]:

Full Name

Date of Birth

Gender

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.PARENTING TIME SCHEDULE:

2.1Weekday and Weekend Schedule.

Our child[ren] will be in the care of

 

(list days

of

(name of parent)

week and times):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Our child[ren] will be in the care of

 

(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

 

(list

(name of parent)

days of the week and times):

AND

Our child[ren] will be in care of

 

(list days

(other parent’s name)

of the week and times):

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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 non-school day attached, they shall have our child[ren] for the holiday or non-school day.

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

 

Odd Years Every Year

Beginning/Ending Times

Mother’s Day

 

 

 

 

 

 

 

 

 

Father’s Day

 

 

 

 

 

 

 

 

 

Thanksgiving

 

 

 

 

 

 

 

For Thanksgiving,

Christmas Eve

 

 

 

 

 

 

 

Christmas Eve,

 

 

 

 

 

 

 

Christmas, New

Christmas

 

 

 

 

 

 

 

Year’s Eve, and

 

 

 

 

 

 

 

New Year’s, PROVIDE

New Year’s Eve

 

 

 

 

 

 

 

ADDITIONAL DETAILS

 

 

 

 

 

 

 

BELOW in SECTIONS

New Year’s

 

 

 

 

 

 

 

2.4 and 2.5

 

 

 

 

 

 

 

 

 

Martin Luther

 

 

 

 

 

 

 

 

 

King Day

 

 

 

 

 

 

 

 

 

President’s Day

 

 

 

 

 

 

 

 

 

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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.

OR

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

OR

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

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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

 

 

overnights in the home of

 

(name of

one parent) and

 

 

overnights in the home of

 

 

 

(name of other parent).

 

 

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:

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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.DECISION-MAKING:

3.1Day-to-Day Decisions.

Each parent will make day-to-day decisions regarding the care and control of our child[ren] during the time they are caring for our child[ren]. This includes any emergency decisions affecting the health or safety of our child[ren].

3.2.Major Decisions.

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Major decisions include, but are not limited to, decisions about our child[ren]’s education, non-emergency healthcare, religious training, and extracurricular activities, including summer camp and the need for tutoring.

Choose One:

 

(parent’s name) shall have sole

decision-making authority on major decisions about our child[ren]. This arrangement is known by the courts as Sole Custody,

OR

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.

AND

(Choose One).

 

 

(Parent’s name) shall always consult with the

other parent prior to making major decisions.

 

 

(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]

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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.PARENT-CHILD COMMUNICATION:

Choose One:

Both parents and child[ren] shall have the right to communicate by telephone, in writing or by e-mail during reasonable hours without interference or monitoring by the other parent.

OR

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Procedures for telephone, written or e-mail access (describe how access will work):

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 agreed-upon time of the exchange.

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

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Document Specifications

Fact Name Description
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 of each parent regarding their child(ren).
Child Information The form requires detailed information about the child(ren), including their full name, date of birth, and gender.
Parenting Time Schedule Section 2 of the form specifies the schedule for parenting time, including weekdays, weekends, and summer arrangements.
Holiday Schedule The holiday schedule takes precedence over regular schedules and includes specific provisions for holidays such as Thanksgiving and Christmas.
Flexibility Parents have the option to customize the parenting plan by specifying different arrangements for holidays and special occasions.
Revisions The form is marked as "REV 6/13," indicating that it may be updated periodically to reflect changes in laws or practices.

Steps to Filling Out New York Parenting Plan

After completing the New York Parenting Plan form, you will have a structured outline of your proposed parenting arrangements. This plan will help clarify the responsibilities and schedules for both parents, ensuring that the needs of the child(ren) are prioritized. Follow these steps to fill out the form accurately.

  1. At the top of the form, indicate whether the plan is proposed by the Plaintiff or the Defendant.
  2. In the section labeled INFORMATION ABOUT THE CHILD(REN), provide the full name, date of birth, and gender of each child.
  3. For the PARENTING TIME SCHEDULE, fill in the details for the following subsections:
    • Weekday and Weekend Schedule: List the days and times each parent will have care of the child(ren).
    • Summer Schedule: Choose whether the regular schedule continues or if it changes. Provide the new schedule if applicable.
    • Holiday Schedule: Indicate which parent will have the child(ren) for each holiday, and provide beginning and ending times.
  4. For each holiday, specify details for sharing time, including Mother's Day, Father's Day, Thanksgiving, Christmas, New Year’s, and any other relevant holidays.
  5. Complete the sections for Winter Break, Spring Break, and Child(ren)’s Birthdays, choosing the appropriate options and providing any necessary details.

Once you have filled out the form, review it carefully to ensure all information is accurate and complete. This will be essential for the next steps in your case.

More About 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 custody and visitation arrangements for children following a separation or divorce. It provides a structured way for parents to agree on important aspects of their children's upbringing, including daily schedules, holidays, and special occasions. This form helps ensure that both parents have a clear understanding of their responsibilities and the time they will spend with their children.

Who needs to fill out the Parenting Plan form?

Both parents involved in a custody case in New York should complete the Parenting Plan form. This is particularly important when parents are unable to reach an agreement on their own. The form can be proposed by either the plaintiff or the defendant in a custody case, and it serves as a basis for discussion and potential court approval.

What information is required about the child or children?

The form requires basic information about the child or children, 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 schedules, summer schedules, and holiday schedules. Parents must specify which days and times each parent will have custody of the children. This clarity helps prevent misunderstandings and ensures that both parents are aware of their time with the children.

What happens during holidays and special occasions?

The Parenting Plan form includes a section dedicated to holidays, where parents can outline how time with the children will be shared during significant dates like Thanksgiving, Christmas, and birthdays. Parents can specify whether they will alternate holidays or share time equally, ensuring that both parents have the opportunity to celebrate these occasions with their children.

Can the Parenting Plan be modified later?

Where do I submit the completed Parenting Plan form?

The completed Parenting Plan form should be submitted to the court handling the custody case. It is advisable to keep a copy for personal records. Depending on the court's requirements, parents may need to attend a hearing where the plan will be reviewed and potentially approved by a judge.

Common mistakes

  1. Incomplete Information: Failing to fill out all required sections can lead to delays. Ensure every field, especially the child’s full name and date of birth, is completed.

  2. Ambiguous Scheduling: Not clearly defining the parenting time schedule can create confusion. Specify exact days and times for both parents to avoid misunderstandings.

  3. Neglecting Summer Plans: Forgetting to address the summer schedule can cause issues later. Clearly outline how parenting time will differ during summer months.

  4. Ignoring Holidays: Not specifying a holiday schedule can lead to conflicts. Clearly indicate where the child(ren) will be during holidays and include times.

  5. Unclear Holiday Rotation: If using an alternating weekend plan, ensure the holiday schedule is clear. Not doing so can result in one parent having the child(ren) for too many consecutive weekends.

  6. Missing Details for Special Occasions: Not providing details for sharing time during important holidays, like Thanksgiving or Christmas, can lead to disputes. Be specific about the arrangements.

  7. Skipping Spring Break Arrangements: Failing to outline spring break plans can create uncertainty. Clearly state how time will be shared during this period.

  8. Overlooking Birthdays: Not planning for the child(ren)’s birthdays can lead to disappointment. Specify how these special days will be celebrated with both parents involved.

  9. Assuming Shared Understanding: Assuming both parents have the same understanding of the schedule can lead to conflict. Clearly communicate and document every detail.

  10. Failure to Review: Not reviewing the completed form before submission can result in errors. Take time to double-check all information for accuracy and completeness.

Documents used along the form

The New York Parenting Plan form is a crucial document for parents navigating custody arrangements. Alongside this form, several other documents are often utilized to ensure a comprehensive understanding of custody, visitation, and child support. Here’s a list of related forms and documents that may be needed:

  • Child Support Worksheet: This document outlines the financial responsibilities of each parent regarding child support payments. It includes details about income, expenses, and any other relevant financial information.
  • Custody Agreement: A formal agreement that specifies the legal and physical custody arrangements for the child(ren). It addresses who makes major decisions regarding the child’s upbringing and where the child will live.
  • Visitation Schedule: This document details the specific times and conditions under which the non-custodial parent can visit the child(ren). It may include regular visitations, holidays, and special occasions.
  • Modification Request: If circumstances change, this form is used to request modifications to the existing parenting plan or custody agreement. It outlines the reasons for the requested changes.
  • Affidavit of Service: This document proves that the parenting plan and other related documents have been served to the other parent. It is essential for ensuring that all parties are informed of the proceedings.
  • Parenting Class Certificate: Many courts require parents to complete a parenting class, especially in custody cases. This certificate serves as proof of completion and can be beneficial in court proceedings.
  • Child Custody Evaluation: In some cases, a professional evaluation may be required to assess the family situation. This document includes findings and recommendations from a qualified evaluator regarding custody arrangements.
  • Emergency Custody Order: If immediate action is needed for the safety of the child(ren), this document requests temporary custody from the court. It is typically used in urgent situations.
  • Settlement Agreement: This document outlines the terms agreed upon by both parents regarding custody, support, and visitation. It is often used to finalize arrangements without going to trial.

Each of these documents plays a vital role in the custody process, helping parents establish clear expectations and responsibilities. By understanding these forms, parents can navigate their legal obligations more effectively and focus on the well-being of their children.

Similar forms

The New York Child Custody Agreement is similar to the Parenting Plan form in that it outlines the custody arrangements for children after a separation or divorce. Both documents specify the time each parent will spend with the children, detailing schedules for weekdays, weekends, and holidays. The Child Custody Agreement also emphasizes the importance of parental involvement and cooperation, much like the Parenting Plan, which encourages both parents to actively participate in their children's lives.

The Florida Parenting Plan is another document that shares similarities with the New York Parenting Plan form. It requires parents to create a detailed plan regarding the care and upbringing of their children. Both forms include sections for parenting time schedules, holiday arrangements, and considerations for special occasions. The Florida Parenting Plan also stresses the need for communication between parents, reflecting the collaborative spirit found in the New York form.

The California Child Custody and Visitation Order is akin to the New York Parenting Plan in its focus on establishing a clear schedule for child custody. This document outlines the specific days and times each parent will have custody, just like the Parenting Plan. Additionally, both documents address holidays and special occasions, ensuring that both parents have a say in significant family events, promoting a balanced approach to parenting post-separation.

The Texas Standard Possession Order is another comparable document. It serves as a guideline for parents to follow when determining custody arrangements. Similar to the New York Parenting Plan, it provides a framework for regular visitation schedules and holiday plans. The Standard Possession Order also emphasizes the importance of maintaining relationships with both parents, which aligns with the objectives of the New York form.

The Illinois Parenting Plan also mirrors the New York Parenting Plan in that it requires parents to outline their custody and visitation arrangements. It includes sections for regular schedules, holiday plans, and decision-making responsibilities. Both documents aim to prioritize the best interests of the child, ensuring that both parents remain actively involved in their child's life.

The Pennsylvania Child Custody Order shares characteristics with the New York Parenting Plan by detailing the custody arrangement between parents. It specifies the times each parent will have custody and addresses holiday schedules. Both documents focus on the welfare of the child, encouraging parents to work together to create a stable environment post-separation.

The Ohio Parenting Plan is similar to the New York form in that it requires parents to define their parenting time and responsibilities. It includes detailed schedules for weekdays, weekends, and holidays, ensuring clarity for both parents. Like the New York Parenting Plan, the Ohio version emphasizes the importance of cooperation and communication between parents to foster a healthy relationship for the child's benefit.

Lastly, the Virginia Custody Agreement aligns with the New York Parenting Plan by outlining the custody and visitation arrangements for children. It includes specific schedules for parenting time and addresses holidays and special events. Both documents aim to create a cooperative framework that supports the child's best interests while allowing both parents to remain engaged in their child's life.

Dos and Don'ts

When filling out the New York Parenting Plan form, it’s essential to approach the task thoughtfully. Here’s a list of things you should and shouldn’t do to ensure the process goes smoothly.

  • Do provide accurate information about your child(ren), including full names, dates of birth, and gender.
  • Do clearly outline the parenting time schedule, specifying days and times for each parent.
  • Do consider the summer schedule carefully. Indicate any changes from the regular schedule.
  • Do prioritize the holiday schedule, ensuring it is clear and detailed to avoid confusion.
  • Don't leave any sections blank. Incomplete forms can lead to delays or misunderstandings.
  • Don't use vague language. Be specific about times and arrangements to prevent ambiguity.
  • Don't forget to check the appropriate boxes for each section. This helps clarify your intentions.
  • Don't overlook the importance of communication. Discuss the plan with the other parent before submitting.

Misconceptions

  • Misconception 1: The New York Parenting Plan form is only for divorcing couples.

    This form can be utilized by any parents who are separating or have never been married. It is designed to address the needs of children regardless of the parents' marital status.

  • Misconception 2: Completing the form guarantees custody rights.

    Filling out the Parenting Plan does not automatically grant custody or visitation rights. The court will review the plan and make decisions based on the best interests of the child.

  • Misconception 3: The Parenting Plan must be identical for all families.

    Each Parenting Plan can be tailored to fit the unique circumstances of the family. There is flexibility in how parenting time and responsibilities are structured.

  • Misconception 4: The form only addresses visitation schedules.

    While visitation schedules are a key component, the form also covers other important aspects such as holidays, summer schedules, and birthdays, ensuring comprehensive planning for the child.

  • Misconception 5: Once submitted, the Parenting Plan cannot be changed.

    Parents can modify the Parenting Plan if circumstances change. However, any changes must be agreed upon by both parents and may need court approval.

  • Misconception 6: The Parenting Plan is a legally binding contract.

    While the Parenting Plan can be incorporated into a court order, it is not a legally binding contract unless approved by the court. It serves as a guideline for parenting arrangements.

  • Misconception 7: Only one parent needs to fill out the form.

    Both parents should collaborate on the Parenting Plan. This ensures that the plan reflects mutual agreements and prioritizes the child's best interests.

Key takeaways

Here are key takeaways for filling out and using the New York Parenting Plan form:

  • Identify the Proposer: Clearly indicate whether the plan is proposed by the Plaintiff or the Defendant.
  • Child Information: Provide full names, dates of birth, and genders for all children involved.
  • Parenting Time Schedule: Outline the weekday and weekend schedules, specifying which parent will care for the children on which days.
  • Summer Schedule: Decide whether the regular schedule will continue in the summer or if it will change, and detail any new arrangements.
  • Holiday Schedule: List holidays and specify which parent will have the children during those times, including start and end times.
  • Alternating Weekend Plan: If applicable, ensure that the alternating weekend pattern is maintained to prevent long gaps without seeing the children.
  • Winter Break Arrangements: Choose how the children will spend winter break, whether with each parent or according to a different schedule.
  • Spring Break Plans: Indicate how spring break will be divided between parents, whether alternating or sharing equally.
  • Birthdays: Decide how birthdays will be celebrated, ensuring both parents can participate in the celebrations.