New York Parenting Plans Attorney

Experienced Buffalo lawyer helps define visitation rights 

In New York State, child visitation is formally known as parenting time, which is controlled by a court-approved parenting plan. If you can agree between yourselves on a workable plan, you will save time and money and potentially avoid contention that could negatively affect your children. At the Law Offices of Randy S. Margulis in Buffalo, we help clients negotiate plans that are agreeable to them and that a court will find to be in their children’s best interests. 

Creating a parenting plan in New York 

A parenting plan is a written agreement that describes the roles and responsibilities of each parent in raising their children after divorce. Parents who were never married can also create parenting plans. When a plan is approved by the court, it becomes part of the child custody order. We can assist you in preparing a plan that adequately addresses your family’s needs and that will meet court approval. 

Purpose of a parenting plan

The purpose of a parenting plan is to set rules governing who will do what in raising the children. It specifies when the child will be with one parent or the other and how day-to-day child-care responsibilities will be handled. With a carefully thought out and well-drafted plan, misunderstandings and conflicts can be avoided. An experienced Buffalo child custody lawyer can address any questions and concerns you have about parenting plans. 

What is included in a parenting plan? 

Parenting plans cover the following:

• A daily schedule of when the child will be with which parent
• Who children will spend holidays, birthdays and school vacations with
• Who will drop off/pick up children from school and activities 
• Who has major decision-making authority for the child
• How information about the child will be shared with the other parent
• How a parent will communicate with their child when they are with the other parent
• How parents will exchange the child from one to the other
• Terms and procedures for relocating a child if the custodial parent moves 

The more comprehensive the plan, the better. Thoroughness reduces opportunities for confusion and misunderstanding. However, the plan should not be ironclad. It should leave areas of flexibility for accommodating unforeseen events and circumstances.

Negotiating terms of a parenting plan

Every parenting situation is unique. There may not be unanimity on all aspects of the post-divorce arrangement. A few examples of possible areas of negotiation include:

• Will the child live with one parent more often or split time equally with each parent? 
• Which holidays and vacations will the child spend with each parent?
• How much in child support will be paid and how will extra expenses be shared?
• When and how will new relationship partners be introduced to children?

In developing a parenting plan, the child’s best interests must always be the priority, since the court will make sure of this in deciding on whether to approve the plan. With an understanding of your concerns and your family situation, we will assist you in negotiating a plan that puts your child first while also considering your needs and goals. 

Changing terms of a parenting plan

As children grow and their needs and activities change, so can the particulars of parenting. Changes in a parent’s life, such as relocation or a new job with a different schedule, can drive the necessity for modifications. In addition, there may be changes needed due to the child’s maturity and developing social life. Even if you and the other parent agree on the changes, you need court approval to make it legally binding. If you are not in agreement, you will have to petition the court for a modification and prove why it is necessary. We can assist advise you at all steps of the process. 

Speak with a skilled attorney for assistance with your New York parenting plan

At the Law Offices of Randy S. Margulis our child custody lawyer help clients in Buffalo and throughout Western New York create comprehensive and legally binding parenting plans. To schedule a consultation, call 716-886-9600 or contact us online.