Parenting Plan Custody Order - Dauphin County

: IN THE COURT OF COMMON PLEAS
Plaintiff
: DAUPHIN COUNTY, PENNSYLVANIA
:
vs. : NO. 2010 CV CU
:
:
Defendant
: CIVIL ACTION - CUSTODY
ORDER OF COURT – PARENTING PLAN
AND NOW, this
day of __________, 2014, [following a trial] [pursuant to an
agreement] regarding the above-captioned parents’ [replace with “parties” throughout if non-parent is a
party] physical and legal custodial responsibilities of the[ir] minor child(ren), ____________,
DOB: ____, it is hereby ORDERED AND DECREED, in the child(ren)’s best interests
that the “Parenting Plan” shall be as follows:
1. Legal Custodial Responsibilities: The parents shall jointly share their various legal
custodial responsibilities for their child(ren).
a. Major parental decisions concerning their child(ren), including, but not
limited to, their child(ren)’s health, medical, dental & orthodontic treatment, mental
and emotional health treatment, education, religious training and moral upbringing
shall be made jointly by the parents, after discussion and consultation with each
other, with a view toward obtaining and following a harmonious parenting plan, not
in their own individual best interests, but rather in their child(ren)’s best interests.
b. Absent an emergency, neither parent shall obtain medical care and/or
have an initial interview with any health caregiver in the absence of the participation
of the other parent.
c. Any parent granted shared legal custody has the right to access the
child’s medical, dental, religious and school records, the address of the child and any
other related information in accordance with 23 Pa.C.S.A. § 5336(a).
d. Each parent shall execute any and all legal authorizations so that the
other parent may obtain information from their child(ren)’s schools, physicians,
dentists, orthodontists, counselors, psychologists, or other similar individuals or
entities concerning their child(ren)’s progress and welfare.
e. Both parents shall arrange for the child(ren)’s school to provide both
parents identical information. Both parents shall provide to the other parent on a
weekly basis, all school papers, projects, or other products of the child(ren)’s
development, and mutually share those items as fully as possible.

f. The parents shall, in advance, discuss and attempt to reach a mutual
agreement regarding the following matters: their child(ren)’s enrollment or
termination in a particular school or school program, advancing or holding their
child(ren) back in school, authorizing enrollment in college, authorizing their
child(ren)’s driver’s license or purchase of an automobile, authorizing employment,
authorizing minor child(ren)’s marriage, enlistment in the armed forces, approving a
petition for emancipation, authorizing foreign travel, passport application or
exchange student status.
g. Neither parent shall impair the other parent’s rights and
responsibilities for their shared legal custodial responsibilities for their child(ren).
h. Parents shall civilly and respectfully communicate about co-parenting
legal custody issues and changes in schedules in person and via letters, faxes, texts or
e-mail, whichever means is most appropriate for the matter.
i. If the parents are unable to agree, they shall follow the procedures set
forth in Paragraph 17 of this Order.
2. No Conflict Zone and General Rules of Conduct:
a. The parents shall not alienate the affections of their child(ren) from the
other parent and the other parent’s extended family and shall make a special
conscious effort not to do so. To the extent possible, the parents shall prevent third
parties from alienating the child(ren)’s affections from the other parent as well as the
other parent’s extended family.
b. The parents shall establish a No-Conflict Zone for their child(ren) and
refrain from making derogatory or uncomplimentary comments about the other
parent in the presence of their child(ren) and to the extent possible, shall not permit
third parties from making such comments in the presence of their child(ren) while in
their physical custody, whether they are sleeping, awake or in another room.
c. It shall be the duty of each parent to uphold the other parent as one the
child(ren) should respect and love.
d. Each parent shall speak respectfully of the other whether it is believed
the other reciprocates or not. Each parental figure shall refer to the other by the
appropriate role name such as Mom, Dad, your grandmother, etc.
e. The parents shall refrain from encouraging their child(ren) to provide
reports about the other party. Communication should always take place directly
between parents, without using their child(ren) or others as an intermediary or spy
on the other parent. It is harmful to the child(ren) to be put in the role of a spy.
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f. The child(ren) shall be protected by the parents from individuals with
poor character (including, but not limited to, individuals involved with serious active
mental health issues, drug & alcohol issues, criminal and illegal activity, immoral or
intemperate behavior, or violent propensities). The parents shall, to the extent
possible, avoid contact with such individuals of poor character. It sets a bad example
and may corrupt the morals of the child(ren).
g. The parents should remember that they cannot teach the child(ren)
proper moral conduct by indulging in improper conduct themselves. Children are
quick to recognize hypocrisy and the parent who maintains a double standard will
lose the respect of their child(ren).
h. The parents shall not permit their child(ren) to be exposed to or
participate in interactive excessively violent video games based upon their
understanding that violent video games increase aggression, physiological
desensitization to violence and decreases pro-social behavior.
The parents shall read these online articles that provide guidance concerning video
games: http://arstechnica.com/gaming2010/12/parenting-and-video-games/
http://www.psychologytoday.com/blog/great-kids-great-parents/201104/kids-parents-andvideo-games
i. The parents including their extended family shall not conduct
arguments or heated conversation when they are together in the presence of their
child(ren).
j. It is in the child(ren)’s best interest for the parents and all adults to
understand that the child(ren) is/are trying to desperately cope with the custody
litigation and related issues, and need help in loving both parents, rather than
interference or censure.
k. The parents shall, at all times, consider the child(ren)’s best interests,
and act accordingly.
3. Physical Custodial Responsibilities:
a. The parents shall share physical custodial responsibilities for their
child(ren), as outlined in Paragraph 4 herein.
b. All physical custodial exchanges shall be handled professionally, under
a “no conflict zone,” abiding by all techniques set forth in reputable parental
educational materials, to avoid conflict, anxiety, and other emotional harm to the
child(ren).
c. Day-to-day decisions shall be the responsibility of the parent then
having physical custodial responsibilities. Each parent shall notify the other of any
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activity or circumstance concerning their child(ren) that could reasonably be
expected to be of concern or interest to the other parent.
d. With regard to any emergency decisions which must be made, the
parent having physical custodial responsibility for their child(ren) at the time of the
emergency shall be permitted to make any necessary immediate decisions.
e. In the event of a child’s serious illness, the parent then having physical
custodial responsibility shall immediately inform the other parent by telephone or
any other means, as to the nature of the illness. During such illness, each parent
shall have the right to visit the child, consistent with the medical status of the child.
f. If the child is taking medication, an adequate supply of that
medication or a prescription for the medication shall be given to the other parent at
the custodial exchanges. An adequate supply of the child(ren)’s recommended
nutritional supplements and non-prescription medication and supplies, if any, shall
be maintained by each parent.
g. The parent with physical custodial responsibilities for their child(ren)
during any given period of time shall communicate in a prompt fashion with the
other parent concerning the well-being of their child(ren), and shall appropriately
notify the other parent of any changes in health or educational progress.
h. Each parent shall promptly notify the other parent of, and invite to
major events in the child(ren)’s lives, including but not limited to graduations,
awards presentations, performances, academic and athletic competitions and similar
extracurricular activities.
i. When the child(ren) is/are not with a parent during the weekend, that
parent may telephone one time with the child(ren) during the weekend to speak with
them, as well as periodically during the week, as needed, without being intrusive.
j. The parents will not deviate from the regular custody schedule because
of their child(ren)’s birthday.
k. Each parent should promptly and politely respond to the other parent’s
telephone calls, text messages, faxes and emails regarding the child(ren).
l. If one parent will be late for a physical custodial exchange they shall
call or text the other parent as soon as possible but no later than [insert time] minutes
prior to the appointed meeting time.
4. Physical Custodial Responsibility Schedule:
a. Mother/Father shall have primary physical custodial responsibility for
their child(ren).
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. Mother/Father shall have partial shared physical custodial
responsibilities for their child(ren) in accordance with the following schedule:
i) Alternating weekends from Friday after school/work until
Monday when the child(ren) shall be taken to daycare/preschool/school.
ii)
iii)
One evening a week after work/school until 8:00 p.m.
Such additional times as the parents can agree.
c. School Holidays and Teacher In-Service Days: Long weekends due to
school in-service days and holidays including but not limited to Martin Luther King
Day, President’s Day and Columbus Day shall attach to the weekend. The return
time is 7:30 p.m. on the holiday. In-service days occurring on Friday will attach to
the weekend and will begin after school Thursday. In-service days occurring on
Monday will attach to the prior weekend.
d. Summer: Each parent shall be allowed to select an exclusive
uninterrupted [insert #]-week vacation time period with their child(ren). Mother shall
have first choice of her weeks during even-numbered years and Father shall have first
choice of his weeks during odd-numbered years. The parent with first choice should
make his/her choice known to the other parent no later than April 1 st of each year.
e. Holidays: The holiday schedule shall take priority over the regular
custody schedule.
Unless otherwise stated the holiday period begins after school on Friday or
the first day of the holiday period until 7:30 p.m. on the last day of the holiday
period.
i) Thanksgiving school holiday: Father will have physical
custodial responsibilities of their child(ren) on Thanksgiving from
Wednesday after school to Sunday, at 8:00 p.m. in even-numbered
years, alternating with Mother in odd-numbered years.
ii) Christmas/Kwanza/New Year’s school holiday: Mother will
have physical custodial responsibilities for their child(ren) during
Segment A (first half of school recess) and Father will have physical
custodial responsibilities for their child(ren) during Segment B (the
second half of the school recess) in even-numbered years. Segments
will alternate in odd-numbered years.
Major gifts should be discussed and coordinated between the parents.
iii)
[Optional] Other Religious Holidays:
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Jewish: Pesach/Passover; Rash Hashanah; Hanukkah; Yom
Kippur: In even-numbered years Mother will have physical custodial
responsibilities for their child(ren) the first Seder of Passover and
Father will on the second Seder. In odd-numbered years, Father will
have the first Seder of Passover and Mother will have the second
Seder. The return time is 2:00 p.m. on the eve of the second Seder. In
all years, Father/Mother will retain custody overnight and deliver the
child(ren) to school or to the other parent by 9:00 a.m. if school is not
in session.
Islamic: Ramadan; Eid-al-Adha:
Hindu: Ganesh Charturthi:
Buddhist: Nirvana Day:
f. Memorial Day, July 4 th , Labor Day, Easter Holidays:
i) Father will have physical custodial responsibilities for their
child(ren) during the Memorial Day holiday and weekend in oddnumbered
years, alternating with Mother in even-numbered years.
ii) For the July 4 th holiday long weekend, Mother will have
physical custodial responsibilities for their child(ren) in odd-numbered
years and Father shall have physical custodial responsibilities for their
child(ren) in even-numbered years.
iii) Father will have physical custodial responsibilities for their
child(ren) during the Labor Day holiday and weekend in oddnumbered
years, alternating with Mother in even-numbered years.
iv) Easter/Spring Break: Father will have physical custodial
responsibilities for their child(ren) in odd-numbered years and Mother
will have physical custodial responsibilities for their child(ren) in evennumbered
years for the Easter school holiday/spring break.
g. Mother’s Day and Father’s Day: Mother will have physical custodial
responsibilities for their child(ren) on Mother’s Day weekend and Father will have
physical custodial responsibilities for their child(ren) on Father’s Day weekend.
5. General Custodial Schedule Provisions:
a. The parents may revise this schedule upon written agreement and
should be flexible for the sake of the child(ren).
b. Each parent shall have the option of proposing temporary time or date
variations to the other parent when special recreational or other unexpected
opportunities arise. The parent asking for the change in schedule shall ask the other
parent by email/text or by phone preferably no later than [1] week prior. The parent
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eing asked for the change will reply either by email/text or by phone no later than
[24] hours after the request is made.
If the parents cannot agree, the parent receiving the request will make the
final decision.
c. In the event certain provisions in this Parenting Plan are inconsistent,
then the provisions set forth concerning specific holidays and vacations shall
supersede provisions concerning weekends.
d. If either parent or the child(ren) have plans which conflict with a
scheduled custodial period and wish to change the schedule, the parents should make
arrangements for an adjustment acceptable to the schedules of everyone involved and
should be flexible for the sake of the child(ren).
e. The child(ren) should be consulted as to their schedules when at an
appropriate age.
f. Physical custodial rights shall be exercised at reasonable hours and
under circumstances reasonably acceptable to the other party and to the needs and
desire of the minor child(ren).
g. If a parent finds they are unable to keep an appointed exchange time or
other appointment for the child(ren), they should give immediate notice to the other
parent, so as to avoid subjecting the child(ren) to unnecessary apprehension and
failure of expectations.
h. The parent relinquishing physical custodial responsibility should
prepare the child(ren) both physically and mentally for the transfer of custody to the
other parent and have them available at the time and place mutually agreed upon.
6. Transportation:
a. The parent relinquishing custodial responsibility shall drive the
child(ren) to the other parent’s residence, walking them to that parent’s front door,
when the child(ren) is/are not being taken to school or camp.
b. Both parents shall insure that the child(ren) use appropriate seat belts
or child safety seats when being transported in vehicles by that parent or others.
7. Extracurricular Activities:
a. The parents shall organize ways for their child(ren) to maintain their
friendships, extracurricular activities, and other special interests, regardless of which
household in which they reside.
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. Each parent shall provide the other with at least seventy-two (72)
hours advance notice of school or other activities and two weeks’ or greater advance
notice whenever possible.
c. Both parents shall honor and be supportive of the extracurricular
activities in which the child(ren) wishes to engage.
d. Each parent shall confer with the other before arranging regularly
occurring extracurricular activities for their child(ren) which might interfere with the
custody schedule.
e. During the times that the parents have physical custodial
responsibilities of their child(ren), each parent will make certain that the child(ren)
attends their extracurricular activities and transport the child(ren) on time to and
from games, practices and any activities that are scheduled so that they are able to
participate in those events.
8. Child(ren)’s Property: Toys, clothes, etc. shall not become matters of contention
between the parents as these generally are the child(ren)’s property, not the parents’,
entitling the toys or clothes to be taken by the child(ren) and back with the child(ren), as
reasonably appropriate.
9. Family Gatherings: The parents shall permit and support their child(ren)’s access to
all family relationships. Special family events such as weddings, family reunions, family
gatherings, funerals, graduations, etc. shall be accommodated by both parents with the
custody schedule set forth in this Order resuming immediately thereafter.
10. Child-Care Providers:
a. Each parent shall exercise care in responsibly choosing
babysitting/child-care providers. Each parent has the right of veto over child-care
providers (if someone other than family members), if the objection is reasonable.
The telephone numbers of any and all child-care providers shall be provided by both
parents to each other. Parents shall provide one another with a phone number and
address where their child(ren) may be contacted at all times, whenever reasonably
possible. This principle applies to situations such as vacations with friends and their
families.
b. Should either parent have their child(ren) spend an overnight at a place
other than their primary residence or that of a family member, the other parent shall
be provided the address and phone number and the option to assume primary
physical custodial responsibility in lieu of another caregiver (if someone other than
family members), if appropriate, if it can be arranged, and if it is in the best interests
of the child(ren). This provision does not apply to an overnight by a child over 12
years old with a friend with trustworthy parental supervision.
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11. Safety:
a. The child(ren) shall not be left alone with any of Father or Mother’s
friends or paramours unless agreed to in writing by both parents.
b. Both parents shall adopt measures to shield their child(ren) from
sexual exploitation which may be more likely to occur while in a parent’s home by a
paramour, paramour’s children, relative or “friend.”
c. The parents shall enroll their child(ren) in a school-based or other
program to educate, empower and to protect themselves from sexual abuse and
exploitation and victimization, at an appropriate age.
d. Both parents shall carefully read “The 5 Steps to Protecting Our Children”
and “5 Tips to Protecting Your Children in Digital Age” at www.darkness2light.com and
provide a notarized statement to the other parent that they have read it, within 30
days of the date of this Order.
e. Both parents shall implement guidelines and monitor the child(ren)’s
appropriate internet online behavior. Both parents and any other adults supervising
their child(ren) shall read The American Academy brochure on internet use and
families at: http://safetynet.aap.org/internet.pdf, and Microsoft’s Safety and Security
Center at: http://www.microsoft.com/security/family-safety/default.aspx#Internet-use.
Both of these resources appropriate give guidelines based on the child’s age.
12. Illegal Drugs, Tobacco and Alcohol:
a. The parents shall not possess or use any illegal controlled substances,
nor shall they consume alcoholic beverages to the point of intoxication within 12
hours neither prior to or during periods of physical custodial responsibilities, nor
smoke tobacco inside their residence or vehicle. The parents shall likewise assure
that other household members and/or house guests comply with this prohibition.
b. If a party shows up for a visit under the influence of alcohol or drugs
or smoking, the visit may be considered forfeited on those grounds alone.
13. Electronic Contact:
a. Each parent shall be entitled to reasonable (not excessive) phone calls
and/or text messaging contact with their child(ren) when in the custody of the other
parent. Both parents shall establish an e-mail address for e-mail communication
between themselves and their child(ren).
b. Each parent shall send an e-mail once a week to update the other
parent about their observations of the child(ren)’s emotional, mental, physical status
and/or developmental milestones.
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14. Relocation:
a. The parents are always encouraged to relocate closer to each other’s
residences.
b. The parent proposing relocation must notify all parties in accordance
with 23 Pa. C.S. §5337 as set forth in Exhibit A attached to this Order.
c. No parent may relocate their residence unless the other parent
consents in writing or the Court approves the proposed relocation.
15. Shared Parenting Education: The parents shall keep themselves updated on shared
parenting techniques, including reading on June 1 st of each year:
AFCC’s “Planning for Shared Parenting – A Guide for Parents Living Apart”
which can be found at: http://www.dauphincounty.org/court-departments/officesdepartments/court-of-common-pleas/practices-judge-turgeon/.
CreativeWithKids.com – “100 Ways to be Kind to your Child” which can be
found at: http://creativewithkids.com/100-ways-to-be-kind-to-your-child/.
Each parent shall provide a notarized statement to the other parent that they have
read it within 30 days of June 1 st every year. (Free internet is available on the computers at
any Dauphin County Library.)
16. Counseling:
a. The parents shall enroll, as needed, in private individual therapeutic
counseling to maintain their optimum mental health as a parent.
b. Co-Parenting Counseling: The parents shall enroll in co-parenting
counseling, as needed, to co-parent their child(ren) in accordance with this order.
c. The parents shall enroll their child(ren) in private individual
counseling or psychotherapy, as needed, to maintain their optimum mental health
after notification and discussions with the other parent, unless said advance
notification is determined by a licensed professional, not to be in the best interests of
the child(ren).
17. Modifications or Disputes about this Order:
a. The terms of this Parenting Plan may be modified by mutual
agreement of both parents which is best memorialized if placed in writing and signed
by both parents, when such modifications are in the best interests of the child(ren).
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. Both parents shall use their best efforts to engage in joint decisionmaking
with respect to the child(ren).
c. In the event the parents are unable to reach an agreement, they shall
exchange written proposals, including appropriate explanations of their positions,
after which they shall meet and discuss their modification proposals in person, if
necessary, to reach a decision in the best interest of their child(ren).
d. Seminar for Families in Conflict: If the parents cannot agree, upon the
written request of one parent, both parents and their paramour or other adults who
have a significant relationship with their child(ren), shall again attend the next
scheduled Seminar for Families in Conflict in Dauphin County or similar four-hour
separated parent educational seminar in their home jurisdiction.
e. Mediation: Any proposed changes to this Order which cannot be
agreed upon, or any disputes about the interpretation or practical application of this
Order and any alleged breaches of this Order shall, prior to engaging in litigation,
first be attempted to be resolved through mediation with a trained mediator, the cost
to be shared equally by the parents.
Free mediation is available for pro se litigants through Neighborhood Dispute
Settlement (NDS at 233-8255). If a party is represented by a Pro Bono Attorney they
are eligible to request free mediation through the Dauphin County Bar Association
Civil Dispute Resolution Program.
18. Contempt:
a. Certain rules of conduct set forth in this Court Order are included in
most custody matters. They are binding on both parties as are all other provisions.
b. If a parent does not follow any provision in this Order, that violation
could become the subject of contempt proceedings before this Court which could
result in fines and up to 6 months’ incarceration, and could constitute grounds for
modification of the legal and physical custody provisions in this Order.
19. Signatures:
Mother
Father
BY THE COURT:
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Distribution:
Attorney for Plaintiff
Attorney for Defendant
Jeannine Turgeon, Judge
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