New York Parenting Plan
A New York parenting plan sets out how two parents will share custody and time with their children, to be approved by the court under the best interests of the child standard (Domestic Relations Law Section 240). Attorney review available.
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Introduction
In New York, whose custody statute uses the single term custody to cover both decision-making and where the children primarily live, a parenting plan is the written agreement two parents use to put that custody and schedule in writing, whether they are divorcing, were never married, or need to modify an existing custody order. In New York, the governing statute uses the single term custody, and courts commonly address both decision-making authority for the children and where the children primarily live. A New York court decides custody by the best interests of the child (Domestic Relations Law Section 240), and in all cases there is no prima facie right to the custody of the child in either parent. New York does not require a separate, standalone written parenting plan by statute. Instead, custody is set by a court order, either in a matrimonial action under Domestic Relations Law Section 240 or in Family Court under Family Court Act article 6. When parents agree, they can present their arrangement to the court, and the court incorporates it into a custody order if it finds the arrangement is in the child's best interests. Writing out a clear parenting plan is still valuable in New York because it shows the court the schedule and decision-making arrangement the parents are asking it to adopt. DocDraft builds your New York parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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In New York, whose statute uses the single term custody, a parenting plan is the written document in which two parents set out that custody, decision-making, and time with their children, whether they are divorcing, were never married, or are changing an existing order.
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New York decides custody by the best interests of the child, and the governing statute uses the single term custody (Domestic Relations Law Section 240).
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In all cases in New York there is no prima facie right to the custody of the child in either parent (Domestic Relations Law Section 240).
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New York courts commonly address both decision-making authority for the children and where the children primarily live, even though the statute uses the single term custody.
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New York does not require a separate, standalone written parenting plan by statute; custody is set by a court order.
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Custody in New York is decided either in a matrimonial action under Domestic Relations Law Section 240 or in Family Court under Family Court Act article 6.
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When parents agree, a New York court can incorporate their arrangement into a custody order if it finds the arrangement is in the child's best interests.
Key decisions before you file
Before you file a Parenting Plan in New York, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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New York Requirements for Parenting Plan
Custody and the Best Interests Standard
New York uses the single term custody, and a New York court decides custody by the best interests of the child. The court enters custody orders as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the parties and to the best interests of the child (Domestic Relations Law Section 240).
No Prima Facie Right to Custody
In all cases in New York there is no prima facie right to the custody of the child in either parent (Domestic Relations Law Section 240). The court decides custody case by case under the best interests of the child standard rather than starting from a preference for the mother or the father.
Decision-Making and Where the Children Live
Although the New York statute uses the single term custody, courts commonly address both decision-making authority for the children and where the children primarily live. Your parenting plan should be clear about each so a New York court can see the arrangement you are asking it to adopt.
Custody Set by Court Order
New York does not require a separate, standalone written parenting plan by statute. Custody is set by a court order in a matrimonial action under Domestic Relations Law Section 240 or in Family Court under Family Court Act article 6. A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Decision-Making Authority
Your parenting plan should state how the parents will make major decisions about the children's education, health care, and religious upbringing, and whether those decisions are made jointly or by one parent. Being specific about decision-making helps a New York court understand the custody arrangement you propose under the best interests standard (Domestic Relations Law Section 240).
Where the Children Live and the Schedule
Your plan should describe where the children primarily live and the schedule for time with each parent: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. A detailed schedule shows a New York court the day-to-day arrangement you are asking it to approve.
Where Custody Is Decided in New York
In New York, custody is decided either in Supreme Court as part of a matrimonial action under Domestic Relations Law Section 240, or in Family Court under Family Court Act article 6. Unmarried parents commonly file in Family Court. In either court the judge decides custody under the best interests of the child standard.
Court Approval
A New York parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose is in the child's best interests, it incorporates the plan into a custody order (Domestic Relations Law Section 240). Because there is no prima facie right to custody in either parent, the court looks at the whole situation of the family.