A parenting plan in New York is a written agreement under N.Y. Dom. Rel. Law § 240 that sets out legal custody, physical custody, and the parenting time schedule for a child under 18. Courts approve plans that serve the child's best interests. New York Family Court charges $0 to file a custody petition; a Supreme Court divorce that includes custody requires a $210 index number.
Key Facts: Parenting Plans in New York
| Item | New York Requirement |
|---|---|
| Filing Fee | $0 in Family Court custody petition; $210 index number for Supreme Court divorce with custody |
| Waiting Period | No fixed custody waiting period; divorce judgments follow standard processing |
| Residency Requirement | Child must live in New York 6 consecutive months (UCCJEA home state) under N.Y. Dom. Rel. Law § 75-a |
| Governing Standard | Best interests of the child under N.Y. Dom. Rel. Law § 240 |
| Custody Types | Legal custody and physical (residential) custody, each sole or joint |
As of June 2026. Verify all fees with your local County Clerk.
What Is a Parenting Plan in New York?
A parenting plan New York families use is a written document that allocates legal custody, physical custody, and a parenting time schedule for any child under 18, governed by N.Y. Dom. Rel. Law § 240. The plan becomes legally binding once a judge signs it as a court order. New York courts hold jurisdiction over custody only until a child turns 18, after which the order automatically terminates.
New York law does not require a single statutory parenting plan template, unlike some states. Instead, parents draft a custody agreement that the court reviews against the best-interests standard. A complete plan addresses three components: legal custody (decision-making authority over education, healthcare, and religion), physical custody (where the child lives and receives daily care), and the co-parenting schedule (the day-to-day and holiday calendar). When parents agree, the court typically adopts the plan with minimal modification. When parents disagree, a judge decides each contested term after weighing the totality of the circumstances.
Legal Custody vs. Physical Custody in New York
New York recognizes two distinct custody categories under N.Y. Dom. Rel. Law § 240: legal custody, which grants authority over major decisions about education, medical care, and religion, and physical (residential) custody, which determines where the child lives. Each type may be sole or joint, and courts can award them independently of one another.
Legal custody controls significant life decisions. Sole legal custody gives one parent exclusive authority; joint legal custody requires both parents to collaborate on major choices. A critical limitation comes from New York case law: courts cannot impose joint legal custody on parents who do not agree to share it, because shared decision-making fails when cooperation is absent. Physical custody, by contrast, establishes the residential arrangement. Under sole physical custody, the child lives with one parent more than 50% of the time, making that parent the custodial parent while the other parent receives parenting time. These categories operate separately. A parent may hold primary residential custody yet share joint legal custody, or vice versa. This independence lets New York parents build a parenting plan that matches their specific work schedules, geography, and the child's needs rather than forcing an all-or-nothing outcome.
The Best Interests Standard Under DRL § 240
New York courts decide custody using the best-interests-of-the-child standard under N.Y. Dom. Rel. Law § 240, with no automatic preference for either parent. Under DRL § 240(1)(a), the child's health and safety are paramount concerns. Courts examine the totality of the circumstances, meaning every relevant fact may influence the result and no single factor controls.
There is no rigid formula and no prima facie right for either parent to receive custody. Judges weigh a non-exhaustive set of factors, including which parent served as the primary caretaker, the stability of each home, each parent's mental and physical health, and each parent's willingness to foster the child's relationship with the other parent. Domestic violence is a mandatory consideration: under DRL § 240(1), when a party proves domestic violence by a preponderance of the evidence, the court must weigh its effect on the child, even if the violence did not directly target the child. Courts also prefer to keep siblings together when possible. Because everything is potentially relevant, a strong parenting plan documents each parent's caregiving history and demonstrates a cooperative co-parenting posture, both of which carry substantial weight in a New York custody determination.
The 6-Month Home State Rule (UCCJEA)
New York can issue an initial custody order only if it is the child's home state under the UCCJEA, codified at N.Y. Dom. Rel. Law § 75-a. The home state is where the child lived with a parent for at least 6 consecutive months immediately before the case began. For a child under 6 months old, the home state is where the child has lived since birth.
The UCCJEA, adopted by 49 of 50 states including New York, prevents parents from forum-shopping across state lines. The jurisdictional priority is strict: New York has authority if it is the current home state, or was the home state within the prior six months while a parent still lives there. If no home state exists, jurisdiction shifts to a state where the child and a parent have a significant connection plus substantial evidence. A New York court emphasized that subject-matter jurisdiction over custody cannot be waived, created by consent, or established by estoppel. When filing, each parent must submit a UCCJEA affidavit affirming where and with whom the child lived during the previous five years. If the child has been absent from New York for more than six months, New York generally loses authority to enter or modify the custody order.
Building a Co-Parenting Schedule
A co-parenting schedule in a New York parenting plan should specify the regular weekly residential pattern, a holiday rotation, school-break allocation, and vacation rules, plus exchange logistics and communication methods. New York imposes no mandatory percentage split; parents tailor the parenting time schedule to the child's age, school location, and each parent's work commitments, subject to the best-interests standard.
A durable visitation schedule addresses the predictable conflict points before they arise. Common structures include alternating weeks for near-equal sharing, or a 2-2-3 rotation that keeps both parents involved during the school week. Holiday provisions typically alternate major holidays by year, splitting Thanksgiving, winter break, and spring break so each parent gets meaningful time. Strong plans also designate a default exchange location, a notice period for schedule changes, a method for first refusal of childcare, and a dispute-resolution step such as mediation before returning to court. The more specific the parenting plan, the fewer the future disputes, because a detailed calendar removes ambiguity that otherwise lands back before a judge. New York courts favor plans that demonstrate each parent's commitment to preserving the child's relationship with the other parent.
The Child's Preference in New York Custody
A child's preference is one factor in a New York custody decision but is never controlling, and its weight increases with the child's age and maturity under N.Y. Dom. Rel. Law § 240. New York sets no age at which a child can choose; the persistent myth that a 12-, 13-, or 14-year-old decides custody is false. No New York statute gives a child that power at any age.
The closer a child gets to 18, the more weight a judge gives the child's wishes. For a 16- or 17-year-old, courts generally hear and seriously consider the stated preference, though they will reject an unreasonable choice or one driven by manipulation, bribery, or parental alienation. Children rarely testify in open court. Instead, the court appoints an Attorney for the Child (AFC), formerly called a law guardian, to convey the child's position. For older, mature children, the AFC advocates for the child's stated wishes much as a lawyer represents an adult client. For younger children, the AFC presents what serves the child's best interests. This structure protects the child from the stress of a courtroom while ensuring the child's voice reaches the judge.
Relocation and the Tropea Standard
When a New York parent with a parenting plan wants to move with the child, courts apply the best-interests standard from Tropea v. Tropea, 87 N.Y.2d 727 (1996). The relocating parent bears the burden of proving by a preponderance of the evidence that the move benefits the child. New York uses no fixed mileage threshold; each request is decided on its own facts.
Tropea rejected the old exceptional-circumstances test. The Court of Appeals listed non-exhaustive factors: the good faith of each parent, the child's attachment to each parent, whether a workable visitation schedule can preserve the non-custodial parent's relationship, the move's impact on the child's quality of life, and effects on extended family. Economic necessity, a career opportunity, or the demands of a second marriage are all valid motives when the overall impact benefits the child. A geographic restriction clause in an existing agreement is an additional factor but not controlling; a judge can override a no-move clause when circumstances have changed significantly. If relocation arises after an order is in place, the moving parent must first show a substantial change in circumstances before the court reaches the Tropea factors. Moving without permission can trigger an order returning the child or even a change in primary custody.
How to File and Costs in New York
Filing a custody petition in New York Family Court costs $0, while a Supreme Court divorce that includes custody requires a $210 index number under the County Clerk fee schedule. A contested matter generates additional fees, including a $95 Request for Judicial Intervention and note-of-issue charges that vary by county.
Most parents pursue one of two paths. Parents who already agree submit their parenting plan to Family Court or, within a divorce, to Supreme Court, where a judge reviews and signs it as an order at no filing cost in Family Court. Parents who disagree file a custody petition in Family Court, after which the court may appoint an Attorney for the Child and, in some cases, order a forensic evaluation. For a New York divorce that incorporates custody, expect the $210 index number plus a $95 RJI fee and a note-of-issue fee that some counties list at $30 and others at $125 — verify the exact figure with your County Clerk. Service of process runs roughly $40 to $75, and certified copies cost about $8 each. Parents facing extreme financial hardship may apply for a fee waiver that eliminates the index number, note-of-issue, and motion fees. As of June 2026. Verify with your local clerk before filing.