New York · Starter template
New York Custody and Parenting Plan — Starter Template
Governing law: N.Y. Dom. Rel. Law § 240
Tracks the best-interests factors under DRL § 240 and the access provisions courts in the Second, Third, and Tenth Judicial Districts expect to see in a stipulated plan. Family Court (Article 6) and Supreme Court matrimonial actions use the same substantive framework.
1. Legal Custody
Sole or joint legal custody. If joint, list any 'spheres of influence' allocation (e.g., education to Parent A; medical to Parent B) per Bliss v. Ach.
2. Residential Custody and Access Schedule
Identify the residential parent and the access schedule for the non-residential parent. New York courts expect specificity by day, start/end time, and exchange location.
3. Holiday, School Recess, and Summer Schedule
Holiday rotation (odd/even). Public school calendar of the residential parent's district governs unless otherwise specified.
4. Communication Between Parents
The parties shall conduct all non-emergency communication regarding the child(ren) through CoParent Circle. Each parent shall check the app at least once every 24 hours. The Attorney for the Child(ren), if appointed under 22 NYCRR 7.2, may be granted view-only access at no charge.
5. Communication Between Parent and Child
Reasonable phone, video, and text contact during the other parent's access time.
6. Decision-Making for Major Events
Education (school selection, IEP/504), non-emergency medical and dental, mental-health, religion, and extracurricular enrollment.
7. Child Support
CSSA calculation under DRL § 240(1-b) on the parties' combined parental income up to the statutory cap (currently adjusted by OTDA). Address add-ons (child care, unreimbursed health, education) separately.
8. Health Insurance and Unreimbursed Expenses
Insurance carrier and the percentage split of unreimbursed medical, dental, mental-health, and orthodontic expenses. Submission and approval shall be through CoParent Circle.
9. Relocation
Tropea v. Tropea best-interests analysis governs any proposed relocation that would impact access. Notice of intent to relocate not less than 60 days in advance.
10. Dispute Resolution
Before filing a modification or violation petition, the parties shall attempt parenting coordination or mediation through a credentialed New York neutral, except where domestic violence is alleged.
11. Records and Admissibility
Records generated by CoParent Circle shall be admissible subject to N.Y. CPLR 4518 (business records) and CPLR 4539-a (electronic records).