Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In New York, parenting plans are essential components of family law proceedings involving children. These plans outline how divorced or separated parents will manage the care and upbringing of their children, including decision-making authority (conservatorship), living arrangements (custody), visitation schedules (possession), child support, and other relevant issues. New York courts encourage parents to collaborate on a parenting plan that serves the best interests of the child. If parents can agree on a plan, the court will typically review it to ensure it meets the child's needs and, if appropriate, incorporate it into the final court order, making it legally binding. However, if parents cannot agree, the court will intervene and establish a plan based on the child's best interests. New York does not have a 'standard possession order' like some other states, but the court will consider factors such as each parent's ability to care for the child, the child's relationship with each parent, and the child's needs when determining custody and visitation arrangements.