CHILD CUSTODY - A PARENTING TIME PLAN

 

In this case, the child is about 4 years old.

MATTER OF DAMIAN SC v. JULIE S., 2021 NY Slip Op 51177 - Kings Co. Family Court 2021:

"In accordance with the foregoing, the Father's Petition for joint custody is granted in its entirety, the Mother's Petitions for sole custody and to relocate to Florida are hereby denied. This Court issues the following Final Order of Custody and Visitation:

Custody: The parties shall have joint legal custody of the Child, with the Mother having residential or physical custody.

The Court finds that both parents are capable of consulting and sharing in the decision making regarding the Child. Therefore, both parents shall share in all decision making of education, major medical issues, religious upbringing, residence and extracurricular activities.

The parties shall each be responsible for, and entitled to, make day to day decisions about the Child when he is in their care. Neither parent may compel the other parent to make a particular determination about day-to-day issues.

"The Court cautions the parties that a parent should not attempt to create friction or disagreement in order to seek modification of the joint custody decision. If it can be determined that a party intentionally creates situations to interfere with joint custody continuously, it could negatively impact on any future custody determinations" (Matter of Scott M. v Ilona M., 38 Misc 3d at 1216[A]).

Parenting Time & Holidays: The Father shall have alternate weekend parental access with the Child from Friday at 6:00 p.m. until Sunday at 6:00 p.m. If the Father's weekend falls on a holiday weekend, then the Father shall have access continued until that Holiday Monday at 6:00 p.m.

The Father shall also be entitled to an overnight visit with the Child on the off week on Wednesday at 6:00 p.m. until Thursday morning at 8:00 a.m. drop off timely at school/daycare.

The Father shall pickup or drop off the Child for his visitation curbside of the Mother's residence.

The parties shall alternate the holidays with each being entitled to an overnight visit on said holiday. In the event the Father has to work on particular holiday, then the Mother shall be entitled to stay with the Child on that day with the Father being entitled to the following holiday that occurs. This holiday schedule shall supersede the parenting time schedule in Paragraphs 5 and 6, above, which parenting time schedule shall resume immediately after conclusion of the holiday.

During odd-numbered years commencing in 2021, the Mother will have Thanksgiving Break from Wednesday before Thanksgiving until Sunday at 7:00 p.m. The Father will have Thanksgiving Break in even years. All these holiday break schedules shall supersede the parenting time schedule in Paragraphs 5 and 6, above, which parenting time schedule shall resume immediately after conclusion of the break.

During odd-numbered years commencing in 2021, the Father will have Christmas Break from December 24th to December 30th when the Mother will have the rest of the break. In even years, the Mother will have that same Christmas time.

Each parent will be able to have dinner with the Child on the respective parent's birthday if their birthday does not occur on their scheduled parenting time.

The parents will alternate birthday party planning for the Child and invite the other parent. The Mother will plan the Child's party in odd years and the Father in even years. In the event that the parent who is supposed to plan the Child's party declines, they must inform the other parent by March 1st. Both parents are to be invited to the Child's party.

During odd-numbered years, the Father shall have parenting time with the Child for the entire Presidents' Week Break (which is defined as including the first, but not the second weekend attached to that break). During even numbered years, the Mother shall have parenting time with the Child for the entire Presidents' Week Break.

During odd-numbered years, the Mother shall have parenting time with the Child for the entire Spring-Easter Break (defined as including the weekend attached to that break that includes Easter Sunday, but not the other weekend attached to that break). During even-numbered years, the Father shall have parenting time with the Child for the entire Spring-Easter. This holiday break schedule shall supersede the parenting time schedule in Paragraph 5 & 6, above, which parenting time schedule shall resume immediately after conclusion of the break.

The Father shall always be entitled to parenting time with the Child on Father's Day and the Mother shall always be entitled to parenting time with the Child on Mother's Day.

Neither parent shall enroll the Child in an activity during the other parent's parenting time unless with the written consent of said parent. Consent shall not be unreasonably withheld.

The parties shall have any other parenting time with the Child as agreed upon.

Vacations: Each parent shall be entitled to four (4) non-consecutive or consecutive weeks with the Child during summer vacation with the Child. Each party shall notify the other no later than June 1st of each year of what weeks they wish to have vacation with the Child during the summer. In the event of a conflict with scheduling a Summer visitation in this paragraph, Father's plans shall have priority in even-numbered years while the Mother's plans shall have priority in odd-numbered years.

The Parents are allowed to travel with the Child during their parenting time. For any travel involving one or more overnight stays outside of the Tri-State Area (New Jersey, New York and Connecticut), the party traveling must give the other party an itinerary for the trip in advance, including destination, mode of transportation (and carrier where applicable) and the name, address and telephone number of the location(s) where the Child will be staying while traveling. In the event that a party is going to travel outside the United States, the party traveling must give the other party, at least three weeks in advance, an itinerary for the trip, including destination, mode of transportation (and carrier where applicable) and the name, address and telephone number of the location(s) where the Child will be staying while traveling. The party traveling must also be provided by the other parent, at least three weeks prior to traveling, the Child's passport, and any other documents and/or written consent needed to be able to travel with the Child.

With respect to the Child's passport, the parties agree to signing all the necessary consent form so as to always keep the Child's passport current. The Mother shall always hold the Child's passport but must deliver it to the Father if he wishes to travel outside the United States pursuant to the terms of this agreement.

Right of First Refusal: Should one parent not be able to watch the Child on their respective parenting time, such parent must first contact the other parent to give them the opportunity to watch the Child prior to hiring a nanny/babysitter/Grandmother.

Child's Information: Each parent shall be entitled to complete, detailed information from any pediatrician, general physician, psychiatrist or psychologist, dentist, consultant or specialist or any other health care provider attending to the Child for any reason whatsoever, and entitled to be furnished with copies of any reports given by such health care providers, or any of them, to the other parent. Both parents shall be included in any emergency contact information given to health care providers. The import of this provision is to keep both parents involved in and informed of the Child's health care, an especially important goal, as, during the Child's parenting time with one parent, for the well-being and safety of the Child, that parent must be knowledgeable of any health care issues being dealt with by the other parent concerning the Child. Both parents shall be entitled to all information concerning the Child's health insurance.

Each parent shall be entitled to complete, detailed information from any teacher or school or educational institution or after school or supplementary program giving instruction to, or providing extra-curricular activities for the Child, or at which the Child may attend, and to be furnished with copies of all reports given by them, or any of them to the other Party. Both parents must be listed on the Child's Blue Card at school.

Both Parties shall be listed as parents of the Child in reference to any application, registration or filing which may be filed by or on behalf of the Child in reference to education, hospitalization, and/or any other institutionalized activity.

Miscellaneous: If either parent has any knowledge of any serious illness or accident or other serious circumstance affecting the Child's health, education, or general welfare, that parent will promptly notify the other of such circumstance.

The Mother shall not relocate beyond a 20-mile radius from her current residence with the Child without the Father's written approval or court order.

Each parent shall provide the other with a current address and telephone number and will notify each other within 72 hours of any changes to this information.

Both parties shall have liberal, private and reasonable electronic/telephonic access with the Child when he is with the other parent.

During the Covid Pandemic, the parents are to safeguard the Child's health by providing him with masks/cloth face coverings, engaging him in frequent handwashing, and practicing social distancing, as required by government regulations.

Neither party shall insult or disparage the other party in the presence of the Child, nor permit third parties to do so. Parties are to encourage and foster a healthy relationship with the Child and both Parents."