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The New York Parenting Plan form is an essential tool for parents navigating custody arrangements. It lays out a clear structure for how parenting time will be divided between both parents, ensuring that the best interests of the child are prioritized. The form begins with basic information about the child or children involved, including their names, birth dates, and genders. It then details the parenting time schedule, specifying when each parent will have custody during weekdays, weekends, and summer breaks. Holidays are also addressed, with a specific section dedicated to outlining how time will be shared during special occasions like Thanksgiving and Christmas. This section allows parents to indicate their preferences and ensures that both parents have a fair opportunity to celebrate important dates with their children. Additionally, the plan includes provisions for birthdays, ensuring that both parents can participate in their child’s celebrations. By clearly defining these aspects, the New York Parenting Plan form helps to reduce misunderstandings and fosters cooperation between parents, ultimately benefiting the children involved.
Similar forms
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Child Custody Agreement: Like the New York Parenting Plan, a Child Custody Agreement outlines the arrangements for a child's living situation and visitation rights. Both documents emphasize the importance of a structured schedule for parenting time, ensuring that the child's best interests are prioritized.
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Visitation Schedule: A Visitation Schedule serves a similar purpose as the Parenting Plan by detailing when each parent will spend time with the child. Both documents provide clarity on weekdays, weekends, and holidays, helping to prevent conflicts and misunderstandings.
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Co-Parenting Plan: A Co-Parenting Plan focuses on the collaborative aspects of raising a child post-separation or divorce. Much like the Parenting Plan, it includes schedules for parenting time, communication guidelines, and decision-making processes, promoting a cooperative parenting environment.
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Family Court Order: A Family Court Order may include provisions similar to those found in a Parenting Plan, such as custody arrangements and visitation schedules. Both documents aim to formalize the responsibilities and rights of each parent regarding their child.
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Parenting Agreement: A Parenting Agreement outlines the responsibilities of each parent concerning their child's upbringing. Similar to the Parenting Plan, it typically includes details about parenting time, holidays, and special occasions, ensuring both parents are on the same page.
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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 |
page 4. |
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
PARENTING PLAN REV 6/13 |
page 5. |
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 |
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). |
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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. |
Common mistakes
Filling out the New York Parenting Plan form is a crucial step in establishing a clear and effective co-parenting arrangement. However, many individuals make common mistakes that can complicate this process. Understanding these pitfalls can help ensure that the form is completed accurately and comprehensively.
One frequent mistake is failing to provide complete information about the child or children. This section requires full names, dates of birth, and gender. Omitting any of this information can lead to confusion later on. It is essential to double-check that all details are accurate and fully filled in.
Another common error is not clearly defining the parenting time schedule. In section 2.1, parents must specify which days and times each parent will have the children. Vague language or incomplete time frames can create misunderstandings. It is important to be as specific as possible to avoid future disputes.
Some parents overlook the importance of the summer schedule. In section 2.2, it is necessary to indicate whether the regular schedule will continue during the summer or if there will be changes. Failing to address this can lead to confusion during the summer months, which can be particularly stressful for children.
The holiday schedule is another area where mistakes often occur. In section 2.3, parents must detail how holidays will be shared. If this section is not filled out thoroughly, it can result in conflicts during important family gatherings. Parents should take the time to discuss and agree on holiday arrangements to ensure a smooth experience for everyone involved.
Additionally, some parents neglect to provide specific details in sections 2.4 and 2.5 regarding Thanksgiving and winter break. These sections require clear communication about how time will be divided during these significant periods. Incomplete or unclear descriptions can lead to misunderstandings and hurt feelings.
Lastly, many individuals fail to consider the child’s birthday celebrations. In section 2.7, parents should indicate how they plan to celebrate their child's birthday. This is a vital part of co-parenting, as both parents should ideally be involved in these special moments. Not addressing this can lead to disappointment for both the child and the parents.
By avoiding these common mistakes, parents can create a more effective and harmonious parenting plan. Clear communication and thoroughness are key components in ensuring that the needs of the child are met and that both parents are on the same page.
More About New York Parenting Plan
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What is a New York Parenting Plan form?
The New York Parenting Plan form is a legal document that outlines the custody and visitation arrangements for children following a separation or divorce. This plan helps parents agree on how they will share parenting responsibilities and time with their children. It includes details about the parenting schedule, holidays, and special occasions, ensuring that both parents have a clear understanding of their roles and responsibilities.
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Who needs to fill out the Parenting Plan form?
Both parents involved in a custody arrangement are encouraged to fill out the Parenting Plan form. It is especially important for parents who are going through a divorce or separation to create this document. By doing so, they can establish a mutual understanding of their parenting responsibilities and ensure that their children’s best interests are prioritized.
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What information is required in the Parenting Plan form?
The form requires specific information about the children, including their full names and dates of birth. Additionally, it details the parenting time schedule, which includes weekday and weekend arrangements, summer schedules, and holiday plans. Parents must also provide information about how they will handle birthdays and school breaks. This comprehensive approach helps to create a well-structured parenting plan.
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How does the holiday schedule work?
The holiday schedule outlined in the Parenting Plan takes precedence over regular visitation schedules. Parents must specify where the children will be during holidays, including details about even and odd years. This ensures that both parents have the opportunity to spend time with their children during important occasions, fostering a sense of continuity and stability for the children.
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Can the Parenting Plan be modified?
Yes, the Parenting Plan can be modified if circumstances change. For instance, if one parent’s work schedule changes or if the children’s needs evolve, parents can agree to amend the plan. It is essential to document any changes in writing and, if necessary, submit the revised plan to the court for approval to ensure it remains legally binding.
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What should I do if we cannot agree on the Parenting Plan?
If parents cannot reach an agreement on the Parenting Plan, it may be beneficial to seek mediation. A neutral third party can help facilitate discussions and encourage cooperation between parents. If mediation fails, the matter may need to be resolved in court, where a judge will make a determination based on the best interests of the children involved.
Misconceptions
1. The Parenting Plan is Only for Divorced Parents
Many people believe that the New York Parenting Plan form is only necessary for divorced parents. In reality, it can be used by any parents who share custody or parenting responsibilities, regardless of their marital status.
2. The Plan is Set in Stone
Some assume that once the Parenting Plan is submitted, it cannot be changed. However, plans can be modified if circumstances change, such as a new job or relocation.
3. Only One Parent Needs to Fill It Out
It is a common misconception that only one parent is required to complete the form. Both parents should participate in creating the plan to ensure it reflects their shared decisions regarding their child(ren).
4. The Parenting Plan is a Legal Agreement
While the Parenting Plan is an important document, it is not automatically a legally binding agreement. Parents may need to submit it to the court for approval to make it enforceable.
5. All Parenting Plans Look the Same
Many think that all Parenting Plans must follow a standard format. In fact, each plan can be tailored to fit the specific needs and schedules of the family involved.
6. The Form Covers Only Regular Schedules
Some believe that the Parenting Plan only addresses regular weekday and weekend schedules. However, it also includes provisions for holidays, school breaks, and special occasions, ensuring a comprehensive approach to parenting time.
7. It’s Not Necessary to Include Holidays
Another misconception is that parents can skip detailing holiday schedules. It is crucial to include holiday arrangements in the plan to avoid confusion and ensure that both parents understand their time with the child(ren).
8. The Parenting Plan is Only for Young Children
Lastly, some think that the Parenting Plan is only relevant for young children. In truth, it is beneficial for children of all ages, as it helps establish clear expectations and routines, which can be comforting for older children as well.
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Key takeaways
When navigating the New York Parenting Plan form, it’s essential to approach it with clarity and attention to detail. Here are some key takeaways to keep in mind:
- Identify the Proposing Party: Clearly indicate whether the plan is proposed by the plaintiff or the defendant. This sets the stage for the entire document.
- Detail Information About Your Child(ren): Provide complete and accurate information regarding your child or children, including their full names, dates of birth, and genders. This information is crucial for legal clarity.
- Establish a Clear Parenting Time Schedule: Outline the weekday and weekend schedules, specifying which parent will have the child(ren) on which days and at what times. This section should reflect a fair and manageable routine for both parents.
- Prioritize Holiday Schedules: The holiday schedule takes precedence over regular schedules. Make sure to clearly define where the child(ren) will be during holidays, including specific times and any special arrangements.
- Consider Special Circumstances: Address unique situations such as birthdays, school vacations, and breaks. Specify how these occasions will be handled to ensure both parents are involved and informed.
By paying attention to these key elements, you can create a comprehensive and effective Parenting Plan that serves the best interests of your child(ren) while promoting cooperation between parents.
New York Parenting Plan: Usage Guide
Filling out the New York Parenting Plan form is an essential step in establishing a clear and structured arrangement for your child(ren). This plan helps outline the responsibilities and schedules for both parents, ensuring that the best interests of the child(ren) are prioritized. Below are the steps to complete the form effectively.
- Begin by identifying who is proposing the plan. Check the appropriate box for either the Plaintiff or Defendant.
- In the section titled INFORMATION ABOUT THE CHILD(REN), provide the full name, date of birth, and gender of each child.
- Move to the PARENTING TIME SCHEDULE section. Start with the Weekday and Weekend Schedule:
- List the days of the week and times the child(ren) will be in the care of the first parent.
- Then, list the days of the week and times the child(ren) will be in the care of the other parent.
- For the Summer Schedule, choose one of the options provided and fill in the necessary details about the care arrangements during the summer months.
- Next, outline the Holiday Schedule. Indicate which parent will have the child(ren) for each holiday, including specific times. Be sure to check the boxes that apply to your situation.
- Provide additional details for sharing time during Thanksgiving and Winter Break. Choose the appropriate options and elaborate as needed.
- For Spring Break, select one of the options and provide the necessary details for the care schedule.
- Finally, address Child(ren)’s Birthdays by selecting how the birthdays will be celebrated and ensuring both parents are included in the plan.
Once you have completed the form, review it carefully for accuracy. Both parents should sign the document to acknowledge their agreement to the terms outlined. After signing, the plan can be submitted to the court as part of your custody arrangements.