[NY] What terms should I include in a custody agreement for a military family using a generic template?

Lexi, Chatbot

I understand that creating a custody agreement can be a challenging process. What specific issues or concerns do you have regarding the custody arrangement?

Lexi, Chatbot

Have you and the other parent already discussed any terms or conditions for the custody agreement?

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today.

First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.) What state or country do you and the other parent currently reside in? Are there any specific military-related concerns, such as deployment schedules or relocation, that you want the custody agreement to address?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly. Thank you for your patience.

Queeneth E. Esq

For a generic custody form, the military-specific parts usually belong in the additional terms/special provisions section. The two biggest things to build in are:

1. A clear regular parenting plan for normal times
2. A separate deployment / TDY / PCS plan for when military duties interrupt the normal schedule

That matters because custody is governed mostly by state law, while federal law adds some protections for servicemembers. (50 U.S.C. § 3938)

A short military-specific addendum you can place into a generic form:

Military Service Addendum
The parties acknowledge that one or both parents may be subject to PCS, TDY, mobilization, deployment, field training, or other military duty affecting parenting time. Any parent receiving orders that may materially affect the parenting schedule shall notify the other parent in writing within ___ days and provide available documentation. Any parenting modification caused solely by deployment or similar military duty shall be temporary. The pre-deployment parenting schedule shall resume within ___ days after return, unless otherwise agreed in writing or ordered by the court. During deployment or duty-related absence, the deployed parent may designate ____________ to exercise delegated parenting time, if permitted by state law. During absences exceeding ___ days, the child shall have reasonable electronic communication with the absent parent at least ___ times per week, subject to operational demands. The service member parent shall maintain any required Family Care Plan and provide the other parent with current caregiver contact information. The parties shall cooperate in adjusting transportation, exchange logistics, and make-up parenting time in good faith when military duties interfere with the regular schedule.

The biggest mistakes to avoid:

• Leaving terms vague (notice timing, temporary vs permanent changes, etc.)
• Not clarifying who gets parenting time during deployment
• Not addressing travel costs
• Not defining when the regular schedule resumes
• Not assigning emergency decision authority

Use your generic form for the basic custody schedule, then add a military addendum covering deployment, PCS, delegated visitation, family care plan, and communication. (50 U.S.C. § 3938)

Do you have any other questions?

Queeneth E. Esq

I can help estimate it, but I can't tell you a real monthly number from "military family" status alone. Child support is usually set by the state's guideline, not by a special military formula. There are two numbers that might matter:

1. The court-guideline amount – depends on state, both parents' incomes, number of children, overnights, health insurance, daycare, and military pay (base pay, BAH, BAS, etc.).
2. A temporary branch-policy amount – applies only if there is no agreement or court order yet.

If you're asking what to pay right now:

• If there is a court order → pay that exact amount
• If not → pay a reasonable documented amount while calculating the proper guideline number

Do you have any other questions?

Queeneth E. Esq

With your numbers, the estimate depends a lot on which state’s formula applies and how many overnights you get credited with.

California estimate:
If your parenting time is about 170–173 nights/year (~46–47%):

• About $650–$1,000/month (including daycare share)

If parenting time is closer to 35–40%:

• About $950–$1,200/month

New York estimate:

• About $1,550–$1,750/month basic
• With childcare: about $1,800–$2,050/month total

This is only a rough estimate due to missing tax details and final custody schedule.