| Chapter 14 of the New York Family Code contains the | | | | of the child. The court must base every custody |
| laws about domestic relations. In these statutes, the | | | | decision on what is best for the child. The factors that |
| state has provided the guidelines and information about | | | | the judge will consider when determining what is best |
| child custody. Chapter 14 mandates that parents in | | | | for the child are: which parent was the primary |
| New York create a custody agreement after they | | | | caretaker of the children, the employment of both |
| divorce or separate. The agreement, also referred to | | | | parents, the current relationship of the children to the |
| as a parenting plan, ends up being the legal document | | | | parents, the ability of the parents to care for the |
| that contains the rules and stipulations the parents | | | | children, if a parent allows the other parent to visit the |
| must follow regarding their children. The New York | | | | children, etc. Parents must incorporate and plan for |
| Family Code recommends that parents have specific | | | | these factors as they make their plan. |
| information about a few topics in their parenting plan. | | | | 3. The agreement must be approved by the state |
| Here are some guidelines from the Code to help | | | | court. Parents must submit a parenting plan or |
| parents create the best agreement. | | | | agreement to the state court to have it become the |
| 1. Information about physical and legal custody. Chapter | | | | custody order. This makes it a legally binding |
| 14 defines physical and legal custody and mandates | | | | agreement between the parties. The state |
| that parents divide the responsibilities. Physical custody | | | | encourages parents to work together on the plan. If |
| refers to the physical residence of the child and legal | | | | that isn't possible, each parent will present a case |
| custody refers to the parents' authority to make | | | | before the judge in the family court and the judge will |
| decisions concerning the child. Parents can create a | | | | determine the final plan. |
| thorough custody and visitation schedule to show the | | | | The state of New York wants custody situations |
| division of physical custody, and they should create | | | | resolved in the best way possible. This benefits the |
| stipulations and provisions that explicitly state how they | | | | parents, the child, and also the state because there isn't |
| share legal custody. | | | | a backlog of custody cases in the court system. A |
| 2. The plan must be in the child's best interest. The | | | | mother and father should learn the Family Code as |
| state of New York will not accept any parenting plan | | | | thoroughly as possible to expedite the approval of their |
| or custody agreement that is not in the best welfare | | | | plan. |