In New York, custody matters require that you submit a parenting plan if you and the other parent settle your case. A parenting plan isn't required for those who resolve their differences in trial, but a parent should enter the courtroom prepared.
A well-structured parenting plan can demonstrate to the court that you are a dedicated parent who prioritizes your child’s best interests. It is an invaluable tool for co-parenting families, detailing how parents will manage their schedules, make decisions, and handle parenting concerns.
Generally, a parenting plan is a detailed document that covers everyday matters and major issues related to raising the child, including education, health, and welfare. Parenting plans function to prevent future conflicts, minimize misunderstandings, and ensure both parties follow child custody laws.
Here are the 10 key elements that should be included in a New York parenting plan to ensure clarity and compliance with court requirements.
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Decision-Making
The parenting plan should specify which parent has legal custody—the authority to make major decisions regarding the child’s education, healthcare, and religion, or how these decisions will be made jointly.
It should also include how everyday decisions, such as extracurricular activities and daily care, will be managed, including whether decisions require joint input or can be made independently by each parent during their parenting time.
Sometimes, parents may agree to appoint a mediator or another neutral party to help resolve disagreements. In this case, the plan should describe the third party's role, responsibilities, and authority and the process for involving them in decision-making.
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Parenting Schedule
The parenting schedule, or visitation schedule, details when the child will spend time with each parent. It should specify the daily routine, including school days and non-school days, and how time will be divided during these periods.
Clear provisions should be made for weekends, holidays, and special occasions like birthdays. The plan also should outline how vacation time will be handled, including any extended periods away from the usual schedule.
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Child Transfers
Details relating to custody exchanges should include clear guidelines on the timing of exchanges to avoid confusion and ensure consistency. You may want to designate neutral, convenient locations for exchanges to minimize conflict and ensure the child’s comfort.
Be sure to detail procedures for handling unexpected delays or issues during exchanges, such as late arrivals or cancellations. Specify acceptable methods of communication, such as phone calls, emails, or text messages. Set expectations for how quickly each parent should respond to communications related to the child, such as scheduling changes or urgent matters.
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Information Sharing
Both parents need access to important information regarding the child’s welfare. The parenting plan should include how health and educational records will be shared between parents and procedures for sharing emergency contact information and updates.
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Parent-Child Communication
The parenting plan should specify how the child will communicate with one parent during visits with the other parent, such as through phone calls or video chats. It should also include any limitations or expectations regarding acceptable times to call or text.
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Parenting Expenses
The parenting plan should address how various expenses related to the child will be handled, including educational costs and medical expenses. An example of this would be to detail how expenses related to the child’s tuition, extracurricular activities, health insurance premiums, and out-of-pocket costs will be divided.
Child support is a separate but related issue that can be addressed in a parenting plan, including the agreed-upon amount of child support and how and when child support payments will be made. While child support is often detailed in a separate agreement or court order, it’s important for the parenting plan to reference it to ensure all aspects of parenting are covered.
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New Spouse or Partner
Introducing new partners into the child’s life can be a sensitive issue. The parenting plan should address guidelines for introducing new partners to the child, including how and when this will occur. Parents should also detail the role of new partners in the child’s life and any boundaries regarding their involvement.
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Parental Relocation
One parent may eventually move to a different region, state, or country. The parenting plan should include how much notice the relocating parent must give before moving, how relocation will affect the existing parenting time schedule, and what adjustments will be made.
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Disagreement Resolution
Conflicts may arise even with the best-laid plans. The parenting plan should include procedures for resolving disagreements between parents, such as mediation or arbitration, and steps to be taken if initial resolution methods fail, potentially involving court intervention.
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Regular Review
Finally, a parenting plan should include a mechanism for periodic review and modification of the parenting time schedule and other aspects of the parenting plan. Children’s needs and family circumstances often change over time, so the plan should set specific intervals to be reviewed, such as annually or biannually. The parenting plan should also outline how modifications can be requested and agreed upon, including whether changes require mediation or court approval.
Creating a well-written and functional parenting plan can be challenging. Working with a skilled custody attorney can be invaluable in crafting a parenting plan that meets all legal requirements, is fully prepared for court approval, and addresses your family's unique needs.