Parents who divorce or legally separate must come to a working agreement about how they will handle child rearing once they are no longer living together. A parenting plan covers how they will split time with their children, make decisions about the children’s affairs and share information relevant to protecting the children’s welfare. The guiding principle when creating a parenting plan is that the arrangements must be in the children’s best interest.

A parenting plan is structured based on the custody arrangement approved by the court. Custody has two components: physical custody, which determines where a child lives, and legal custody, which is the right to make decisions for a child, such as the education and the medical treatment he or she receives.

Some form of joint (shared) physical custody is the norm, typically with one parent having primary physical custody. This determines what school district the child will attend. If one parent is given sole physical custody, the parties can agree on a schedule for the other parent to have visitation with the child. An effective parenting plan should follow these guidelines:

• Be specific — The plan should include definitions for periods like “weekends” (do they start on Friday afternoon or Saturday morning?) and spell out agreements for when and how custody will be exchanged.
• Be flexible — The plan should provide a method for one parent to communicate with the other parent if there is a need for a schedule change and/or for making alternative arrangements.
• Provide for periodic reassessment — Family dynamics change over time. The plan should provide that custody and visitation schedules be revisited on a set schedule, such as once every year or two.

Like physical custody, legal custody may be shared or held solely by one parent. Most parents will be entitled to joint legal (decision-making) authority. A parenting plan should delineate how the parents will handle sharing of decision-making on a regular basis. For example, it might lay out how long a parent has to respond to a question by the other parent and state that if no response is given in time, the parent asking the question can make the decision unilaterally.

A parenting plan should also cover how child-related expenses will be shared, including extracurricular activities. The plan can further provide whether relocation is permitted and how it will be handled; how and when new partners can be introduced to the children; and whether there are any limits on one parent’s communication with the child while she or he is in the custody of the other parent.

Every family is unique and there is no one-size-fits-all parenting plan. An experienced New York family law attorney can customize a parenting plan to best serve your family circumstances.

Bombardo Law Office, P.C. in Syracuse represents New York residents in all aspects of family law, including drafting and negotiating parenting plans. I give each client diligent and compassionate representation. Feel free to contact me online or call 315-800-4002 for an initial consultation.