What goes in a parenting plan in New York?

What a parenting plan is

A parenting plan is a written agreement about how separated parents will raise their children. It covers where the children live, when they see each parent, and how decisions get made.

In a New York divorce, custody and visitation for children 17 or younger must be settled before the judge signs the divorce judgment. A parenting plan is one way to settle them. The New York courts publish a Parenting Plan form that parents can fill in and sign.

What the New York court form covers

The court's Parenting Plan form gives a useful checklist of topics. It includes:

• Regular schedule. Which weekdays and weekends the children spend with each parent, with times. There is a separate summer schedule option.
• Holidays and breaks. A table to assign holidays by even years, odd years or every year, plus sections for Thanksgiving, winter break, spring break and birthdays.
• Decision-making. Day-to-day decisions go to the parent who has the children at the time. Major decisions on education, non-emergency health care, religion and activities can be sole, joint or divided another way.
• Information sharing. Unless a court orders otherwise, both parents can see school, medical and similar records. Parents update each other within 72 hours when their contact details change.
• Relocation. Neither parent moves outside their immediate area without the other parent's prior permission or a court order.
• Communication. How the children can call, write or email each parent.
• Exchanges and respect. How handoffs work, and a promise not to run down the other parent in front of the children.

How the court decides

New York decides custody and parenting time by the best interest of the child. Domestic Relations Law section 240 says neither parent has an automatic right to custody.

The courts list factors a judge may weigh. These include who has mainly cared for the child, each parent's health and parenting skills, and work schedules. They also include any domestic violence and the child's wishes, depending on age. Another is each parent's willingness to support the child's bond with the other parent.

For relocation disputes, New York's highest court held in Tropea v. Tropea (1996) that each case turns on its own facts. The child's best interest is the deciding factor, so a parent who wants to move should be ready to show how the move serves the child.

Changes and disagreements later

Plans often say how short-term swaps are handled. The court form says both parents must agree in advance, and lets them choose whether that agreement must be in writing.

Permanent changes are different. Once a judge approves a plan, a parent who wants a change the other parent opposes must ask the court. The court looks for changed circumstances and whether a new order serves the child's best interest. The form notes that parents may try mediation before going back to court.

Agreeing on a plan in mediation

The New York courts describe custody mediation as a way for parents to create their own parenting plan without a hearing. The mediator does not decide anything or give advice. The parents choose the terms.

Mediation is voluntary and confidential, except that allegations of child abuse or threats are not confidential. Not every case suits mediation, especially where there has been domestic violence. If the parents reach an agreement, the judge still reviews it before it becomes an order.

Smart Divorce NY charges one flat fee covering mediation sessions, an attorney for the legal work, the paperwork and the court filing. Call (716) 400-7286 to ask how it works.