How to develop a fair parenting plan

A fair and well thought-out parenting plan is one of the most important components in a New York divorce settlement. There is more to this type of arrangement than simply compiling a list of dates and times that the children spend with each parent. Parenting plans also include details on who will make key decisions about education, medical care, religion and other important particulars affecting the children. They must be practical given the overall circumstances, as it is challenging to stick to a parenting plan that does not work for everyone involved.

The best interests of the children

The physical and emotional well-being of the children is the foundation of a fair and workable parenting schedule. Factors that need to be taken into account by both parents and the courts when determining the viability of a proposed schedule include:

  • The age and maturity level of each child
  • Their physical and emotional health
  • The ability of each parent to meet all of the children’s needs
  • The quality of the relationship between the parent and children
  • Any sibling and extended family relationships
  • The location of each parent’s home, and the distance between each
  • Each child’s school schedule and/or participation in extracurricular activities
  • Each child’s ability to adapt easily to changed situations

What does a parenting plan consist of?

In addition to dates and times, a good parenting plan includes special circumstances and arrangements like the following:

  • Legal custody: The plan needs to indicate which parent (if not both) has legal custody of the children as well as the authority to make important decisions for them.
  • Health care: Parents must decide how medical insurance will be provided for the children as well as who will cover medical and dental costs.
  • Traveling and relocation: All parenting plans must include provisions regarding travel and relocation. For example, the parent traveling with the child must provide an itinerary to the other and one parent cannot move the child out of a city or county without the permission of the other or court permission.
  • Child care: The plan should explain how day care will be arranged when both parents have to work, as well as who will pay for it.
  • Financial details: Both parents should agree on who will claim the child as a dependent for tax purposes as well as how any expenses (e.g. for extracurricular activities) will be reimbursed.
  • Revising the plan: All parenting plans must include information about how it is to be revised should changes become necessary, as well as how revision disagreements are to be resolved.

If you are planning to get divorced in New York and need assistance with putting a fair parenting plan together, then contact an experienced New York family law attorney. A well-conceived plan that has the child’s best interests at its core can make the divorce process easier on your family and smooth the way to a happier future. Eskin & Eskin, P.C. is a family law firm for family law matters. Our attorneys have over 40 years of combined experience and offer free consultations to prospective clients. You may reach our office at 718-402-5204. Our office is conveniently located on Sheridan Avenue near the Bronx courthouses.

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