MODEL CUSTODY PROVISIONS (Rev. 1/98)
_____ County Family Court

The [father][mother] shall have [sole][joint] custody of the child(ren) subject to regular weekly contact with the [father][mother] as follows: [Set forth days and hours of weekly contacts with non-residential parent, e.g. Every other weekend from Friday at 6:00 PM until Sunday at 6:00 PM]. In addition to the foregoing:

1. The [father][mother] shall have the child(ren) on alternate holidays, which shall include: New Years Day*, Martin Luther King Day, Presidents' Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day*. As to those holidays which occur during the school year, the holiday shall be the day on which the school district the child(ren) is/are attending observes the holiday. The [father's][mother's] holiday sequence shall begin with , 199 . It is the intent of the court that neither parent will have the child(ren) for the same holiday for two consecutive years. Contact on the above, or any other single day holidays set forth below, shall commence at 9:00 AM and end at 6:00 PM [exact time may vary depending on the schedule of each parent - a specific time should be set forth].

2. The parents shall alternate the non-summer extended vacations observed by the school district the child(ren) is/are attending; such vacations shall include the December, mid-winter and spring recesses. The parent who does not have the child(ren) for the December recess, shall have the child(ren) from 6:00 PM on the day school recesses for the holiday until 12:00 noon Christmas Day. The parent who does have the child(ren) for the December recess shall have the child(ren) from 12:00 noon on Christmas Day until 12:00 noon on the day before school resumes. [exact times may vary depending on the schedules of each parent - a specific time should be set forth].

3. The [father][mother] shall be entitled to have the child(ren) with [her][him] for ___ [consecutive][non-consecutive] weeks during the summer vacation period observed by the school district the child(ren) is/are attending; the parent entitled to such summer vacation shall notify the other parent, in writing, certified mail, return receipt requested, on or before May 1st of each year, specifying the week(s) selected for summer visitation.

4. The mother shall have the child(ren) on Mother's Day each year and the father shall have the child(ren) on Father's Day each year.

5. The mother shall have the child(ren) on her birthday each year and the father shall have the child(ren) on his birthday each year.

6. Each parent shall have complete access to all health care records, information and providers concerning all matters relating to the mental and physical well-being of the child(ren); a copy of all health care information received by one parent shall be provided to the other within 48 hours of receipt; each parent, while the child(ren) is/are in his or her care, shall inform the other of any illness, injury or condition which confines a child to bed for more than three days or which requires medical intervention; each parent shall sign releases or other documents necessary and/or required to permit the other to have access to health care information and/or providers.

7. Each parent shall have complete access to all school records and all personnel involved with the education of the child(ren); a copy of all report cards, school bulletins and schedules of events, PTA meetings and the like or any other material received from any school the child(ren) is/are attending shall be provided to the other parent within 48 hours of receipt; each parent shall sign releases or other documents necessary and/or required to permit the other parent to have full access to such educational records and/or providers.

8. Each parent shall advise the other of any special events, dinners, ball games, plays, recitals and the like in which the child(ren) is/are involved and which parents may attend; advice about such events shall be given by one parent to the other within 48 hours of receipt.

9. Each parent shall encourage the free exercise of the visitation/custodial rights of the other; neither parent shall do any act or make any statement which would directly or indirectly tend to defeat or make exercising visitation/custodial rights of the other parent more difficult; which would tend to disappoint the child(ren); which is derogatory of the other parent; or, which would discourage the child(ren) from contact with the other parent. Neither parent shall allow, condone or encourage any other person to engage in any conduct which is contrary to the above provisions. In exercising custodial/visitation rights each parent shall consider the wishes and plans of the child(ren).

10. Each parent shall arrive on time for any scheduled pick-up or return of the child(ren); the child(ren) shall be provided with clean, adequate and suitable clothing for any scheduled visitation period and the same or comparable clothing shall be returned at the conclusion of the visit.

11. Neither parent shall expose the child(ren) to any conduct or activity which would endanger the physical, mental or moral well-being of the child(ren).

12. Each parent shall keep the other advised of his/her current address and telephone number; if a child is to be outside the State of New York for any reason for a period in excess of 72 hours, the parent allowing the child(ren) to be at such location shall inform the other parent, in advance, where the child will be and, when possible, the address and telephone number where the child may be reached while outside the State of New York.

13. During any period that the child(ren) is/are with one parent, reasonable, peaceful and private telephone contact between the child(ren) and the other parent shall be allowed between the hours of 9:00 AM and 7:00 PM.

14. Each parent shall keep the other advised of the name and telephone number of any day care provider used on a regular basis or during a school vacation period.

15. Transportation to and from all visitation shall be the [shared] responsibility of the [father][mother].

16. The terms of this order are based on the present residence of the parents. Neither parent shall move more than 50 miles from his/her current residence without first giving the other parent at least 90 days prior notice, in writing. In any event, if the contemplated move is in excess of 50 miles or will significantly impair the visitation/custody rights granted herein, prior court approval of such move shall be obtained, unless both parents agree, in writing.

17. The "BILL OF RIGHTS FOR CHILDREN WHOSE PARENTS ARE SEPARATED" attached hereto is made a part of this order and both parents shall respect and comply with each of those rights.

18. The [father][mother] shall have final decision making authority regarding all major matters affecting the welfare of the child(ren) including, but not limited to, matters of health, education and religion.

NOTWITHSTANDING THE FOREGOING, both parents shall have the right to participate in the decision making process in all major, non-emergency matters affecting the welfare of the child(ren).

To insure that each parent continues to have informed and meaningful input in the decision making process, prior to making any non-emergency or non-day to day decision relating to the welfare of the child(ren), the parent with final decision making authority shall timely communicate [his][her] proposal to the other parent, in writing, setting forth the basis for the proposed determination and supplying any material that may have been considered in formulating the proposal. The other parent shall be given a reasonable opportunity to respond, in writing, submitting comments and alternate proposals, including any supplemental material for consideration. Any final determination made by the parent with final decision making authority shall be communicated to the other parent, in writing, setting forth the specific basis for rejecting all or part of any alternative proposed by the other parent.

Use of the foregoing process is intended to encourage an orderly, meaningful and peaceful exchange of information between parents about matters of major importance affecting their child(ren). The process is also intended to encourage thoughtful consideration of alternatives advanced by both parents and to minimize the temptation of the parent with decision making authority to act in an arbitrary fashion.

19. The terms of this order shall remain in effect until modified by this court which specifically retains jurisdiction of this matter for the purpose of any such request for modification.

BILL OF RIGHTS

FOR CHILDREN WHOSE
PARENTS ARE SEPARATED

1. THE RIGHT NOT TO BE ASKED TO "CHOOSE SIDES" BETWEEN THEIR PARENTS.

2. THE RIGHT NOT TO BE TOLD THE DETAILS OF BITTER OR NASTY LEGAL PROCEEDINGS GOING ON BETWEEN THEIR PARENTS.

3. THE RIGHT NOT TO BE TOLD "BAD THINGS" ABOUT THE OTHER PARENT'S PERSONALITY OR CHARACTER.

4. THE RIGHT TO PRIVACY WHEN TALKING TO EITHER PARENT ON THE TELEPHONE.

5. THE RIGHT NOT TO BE CROSS-EXAMINED BY ONE PARENT AFTER SPENDING TIME WITH THE OTHER PARENT.

6. THE RIGHT NOT TO BE ASKED TO BE A MESSENGER FROM ONE PARENT TO THE OTHER.

7. THE RIGHT NOT TO BE ASKED BY ONE PARENT TO TELL THE OTHER PARENT UNTRUTHS.

8. THE RIGHT NOT TO BE USED AS A CONFIDANT REGARDING THE LEGAL PROCEEDINGS BETWEEN THE PARENTS.

9. THE RIGHT TO EXPRESS FEELINGS, WHATEVER THOSE FEELINGS MAY BE.

10. THE RIGHT TO CHOOSE NOT TO EXPRESS CERTAIN FEELINGS.

11. THE RIGHT TO BE PROTECTED FROM PARENTAL WARFARE.

12. THE RIGHT NOT TO BE MADE TO FEEL GUILTY FOR LOVING BOTH PARENTS.

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