What is the difference between legal and physical custody?

Legal custody is the right to make major decisions (school, medical, religion). Physical custody is where the child lives. Either can be shared (joint) or sole.

Can I modify an existing custody order?

Yes, usually by showing a material change in circumstances since the last order. This tool drafts a modification request.

Do both parents need to agree?

An agreed parenting plan is fastest. If you do not agree, you can still file a proposed plan for the court to consider.

New York Custody Agreement Forms

Create or modify a parenting plan and custody schedule.

Start your New York custody agreement forms

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A clear parenting plan reduces conflict and is what courts want to see. This tool drafts custody agreements, modifications, and visitation schedules addressing legal and physical custody, holidays, and communication.

Custody Agreement in New York: what the official sources say

Court: Family Court (or Supreme Court when custody is part of a divorce)

Custody cases are usually started in Family Court, in the county where the child lives. source
It is free to file a custody petition in Family Court. source

Official New York forms and instructions

Filing for custody

Checked against the official sources on 2026-09-10. Court rules change, so confirm them before you file.

Before you file in New York, confirm

Which court hears custody in New York, and whether it requires a parenting class
The official New York parenting plan or custody form, if there is one
Whether mediation is required before a hearing
How long a child must live in New York before its courts can decide custody

The official New York court site below has the current answers.

Documents you can generate

Parenting plan with legal and physical custody terms
Visitation and holiday schedules
Custody modification requests
Best-interests-of-the-child framing

Official resources and free legal help

Pro Se Legal Docs is not a law firm and does not give legal advice. These templates help you prepare your own filing; they do not replace advice from a licensed New York attorney.

Frequently asked questions

What is the difference between legal and physical custody?: Legal custody is the right to make major decisions (school, medical, religion). Physical custody is where the child lives. Either can be shared (joint) or sole.
Can I modify an existing custody order?: Yes, usually by showing a material change in circumstances since the last order. This tool drafts a modification request.
Do both parents need to agree?: An agreed parenting plan is fastest. If you do not agree, you can still file a proposed plan for the court to consider.

Other New York forms

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Custody Agreement forms for every state

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This is a self-help document generator, not a law firm, and does not provide legal advice. Court rules and filing requirements in New York can change - confirm specifics with your local court clerk or a licensed attorney.