Fillable Printable Parenting Plan - Pennsylvania
Fillable Printable Parenting Plan - Pennsylvania
Parenting Plan - Pennsylvania
County of Adams
Courts’ Self-Help Center – Packets
PARENTING
PLAN
This packet contains information, forms, and
instructions on developing a parenting plan with the
other parent.
This packet is to be used if you have a custody
case and a Judge orders you to complete a parenting
plan.
DISCLAIMER
Court staff is not able to give you legal advice or help you fill out/complete these
forms. The information in this packet is not a substitute for professional legal advice. The
Court, the Adams County Bar Association and the Family Law Committee assume no
responsibility and accept no liability for actions taken by users of these documents,
including reliance on their contents. If you want to obtain the services of an attorney but do
not know whom to contact, please call the Pennsylvania Lawyer Referral Service at 1-800-
692-7375. A list of Attorneys Practicing in Adams County Available for Consultation On
Filling Out Self-Help Custody and Divorce Forms can be obtained by inquiring with the
Prothonotary, Law Library, Adams County Children and Youth Services, Adams County
Domestic Relations Office, or the Office of the Court Administrator.
Packet Last Updated: November 6, 2013
TABLE OF CONTENTS
I. General Information
A. Introduction
B. Legal Definitions
C. Custody Factors
D. Criminal Convictions and Charges
E. Rules of Civil Procedure
F. Basic Procedure
G. Service
H. Obtaining a Custody Order
I. Enforcing a Custody Order
J. Modifying a Custody Order
K. Relocation
II. Instructions
A. Completing the Parentin g Plan
III. Checklist for Parenting Plan
IV. Forms
A. Form #1 – Parenting Plan
B. Form #2 – Certificate of Service
General Information
Page 1 of 7
GENERAL INFORMATION
A. Introduction
1. This is the PARENTING PLAN packet. This packet is only to be used when a
Judge in your custody case orders you to complete a PARENTING PLAN.
i. If you do not have a Custody Order, and would like to obtain one, use the
Obtaining a Custody Order packet.
ii. If you have a Custody Order and would like to change the Order, use the
Modification of a Custody Order packet.
iii. If you need to enforce a Custody Order, use the Enforcing a Custody
Order packet.
2. This packet of information has been created by members of the Adams County
Bar Association. These materials are intended to assist individuals involved in a
custody action by providing general information and legal forms. IT IS HIGHLY
RECOMMENDED THAT YOU HIRE AN ATTORNEY TO REPRESENT
YOU IN ANY CUSTODY ACTION. The information provided herein is not
legal advice and is not to be used as a substitute for professional legal advice.
B. Legal Definitions
1. Custody means the legal right to keep, control, guard, care for and preserve a
child and includes the terms “legal custody,” “physical custody,” and “shared
custody.”
2. Legal Custody is the right to make major decisions on behalf of the child,
including, but not limited to, medical, religious and educational decisions.
i. Sole Legal Custody: The right of one individual to exclusive legal
custody of the child.
ii. Shared Legal Custody: The right of more than one individual to legal
custody of the child.
3. Physical Custody is the actual physical possession and control of a child. When a
person has physical custody of the children, regardless if they have legal custody,
they can make decisions regarding the child’s health in an emergency situation.
There are different types of physical custody schedules, including:
i. Primary Physical Custody: The right to assume physical custody of the
child for the majority of the time. Child(ren) live with one party fo r the
majority of the time.
ii. Shared Physical Custody: The right of more than one individual to
assume physical custody of the child, each having significant periods of
physical custodial time with the child. Child(ren) live with each party for
an equal or substantially equal amount of time.
iii. Partial Physical Custody: The right to assume physical custody of the
child for less than a majority of the time. Child(ren) live with one party
General Information
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some of the time but not the majority of the time. A common example is
when one party has the children every other weekend from Friday to
Sunday, and occasionally one day during the week that they do not receive
the child(ren) on the weekend.
iv. Sole Physical Custody: The right of one individual to exclusive physical
custody of the child.
v. [Visitation]: Pennsylvania no longer uses the term Visitation. Partial
Physical Custody, defined above, is equivalent to Visitation as defined in
some states.
vi. Supervised Physical Custody: Custodial time during which an agency or
an adult designated by the court or agreed upon by the parties monitors the
interaction between the child and th e individual with those rights.
4. Relocation: A change in a residence of the child which signif icantly impairs the
ability of a non-relocating party to exercise custodial rights.
5. Further information about the preceding legal definitions and about custody law
may be found in the statutes that govern custody, Title 23 Pa. Consolidated
Statutes Sections 5321 to 5340 (23 Pa.C.S. §§ 5321 – 40), and in the Pennsylvania
Rules of Civil Procedure, Pa.R.C.P. 1915.1 – 1915.25.
C. Custody Factors
1. In ordering any form of custody, the Court shall determine the best inte rest of the
child by considering all relevant factors, giving weighted consideration to those
factors which affect the safety of the child, including:
i. Which party is more likely to encourage and permit frequent and
continuing contact between the child and another party.
ii. The present and past abuse committed by a party or member of the party’s
household, whether there is a continued risk of harm to the child or an
abused party and which party can better provide adequate physical
safeguards and supervision of the child.
iii. The parental duties performed by each party on behalf of the child.
iv. The need for stability and continuity in the child’s education, family life
and community life.
v. The availability of extended family.
vi. The child’s sibling relationships.
vii. The well-reasoned preference of the child, based on the child’s maturity
and judgment.
viii. The attempts of a parent to turn the child against the other parent, except
in cases of domestic violence where reasonable safety measures are
necessary to protect the child from harm .
ix. Which party is more likely to maintain a loving, stable, consistent and
nurturing relationship with the child adequate for the child’s emotional
needs.
General Information
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x. Which party is more likely to attend to the daily physical, emotional,
developmental, educational and special needs of the child.
xi. The proximity of residences of the parties.
xii. Each party’s availability to care for the child or ability to make appropriate
child-care arrangements.
xiii. The level of conflict between the parties and the willingness and ability of
the parties to cooperate with one another. A party’s effort to protect a child
from abuse by another party is not evidence of unwillingness or inability
to cooperate with that party.
xiv. The history of drug or alcohol abuse of a party or member of a party’s
household.
xv. The mental and physical condition of a party or member of a party’s
household.
xvi. Any other relevant factor.
D. Criminal Convictions and Charges
1. Where a party seeks any form of custody the Court shall consider whether that
party or member of that party’s household has been convicted of or has pleaded
guilty or no contest to any of the offenses listed below or an offense in another
jurisdiction substantially equivalent to any of the offenses listed below. The Court
shall consider such conduct and determine that the party does not pose a threat of
harm to the child before making any order of custody to that parent when
considering the following charges:
Criminal homicide, aggravated assault, terroristic threats, stalking,
kidnapping, unlawful restraint, false imprisonment, luring a child into a
motor vehicle or structure, rape, statutory sexual assault, involuntary
deviate sexual intercourse, sexual assault, aggravated indecent assault,
indecent assault, indecent exposure, sexual intercourse with animals,
offenses relating to sex offenders, arson, incest, concealing death of child,
endangering welfare of children, offenses relating to dealing in infant
children, prostitution, offenses related to obscene and other sexual
materials and performances, corruption of minors, sexual abuse of
children, unlawful contact with minor, sexual exploitation of children,
contempt for violation of a permanent or temporary Protection From
Abuse Order or agreement, driving under the influence of alcohol or
controlled substance, driving after imbibing alcohol or utilizing drugs, and
offenses related to The Controlled Substance, Drug, Device and Cosmetic
Act prohibiting manufacture, sale or delivery, holding, offering for sale or
possession of any controlled substance or other drug or device.
2. If you have obtained information about a criminal charge filed against the other
party for an offense listed above, you may move for a temporary Custody Order
or modification of an existing Custody Order. The Court must schedule an
expedited hearing and the Court shall consider whether the party who is or has
General Information
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been charged with an offense poses a risk of physical, emotional or psychological
harm to the child.
3. You can find out information about pending criminal charges, criminal
convictions, guilty pleas and no contest pleas in Pennsylvania several ways. A law
known as the “Jen & Dave Program” provides an information line that allows you
to fill out an application in the Prothonotary’s Office after which you will be
provided a number to call to get this information. There is a small per-minute fee
for the call. This information can also be obtained for free from a website link on
the program’s site, http://www.jendaveprogram.us. Another alternative is to log
on to the Web Portal for the Unified Judicial System of Pennsylvania at
http://ujsportal.pacourts.us/. Once on this website, you can look up the dockets for
all minor courts (Magisterial District Judges) and Common Pleas Courts in
Pennsylvania. If you have correctly spelled the last name of the individual, you
can find out if there are convictions or charges pending against the individual in
all counties in Pennsylvania.
4. Criminal Record / Abuse History Verification
i. The plaintiff or petitioner must file and serve with any Complaint for
Custody or Petition for Modification a Verification regarding any criminal
or abuse history of the plaintiff or petitioner and anyone living in the
plaintiff or petitioner’s household. The plaintiff or petitioner must attach a
blank Verification form to a Complaint or Petition served upon the
defendant or respondent. The defendant or respondent must file with the
court a Verification regarding any criminal or abuse history of the
defendant or respondent and anyone living in the defendant or
respondent’s household on or before the initial in-person contact with the
court, but not later than 30 days after service of the Complaint or Petition
upon the defendant or respondent. If a trial is scheduled, both parties shall
file and serve updated Verifications five days prior to trial.
ii. The Obtaining a Custody Order packet and the Modification of a Custody
Order packet contain Criminal Record / Abuse History Verification forms
for both parties. Additional copies of the blank Verification may be
obtained from outside the law library on the third floor of the Adams
County Courthouse or from the Courts’ Self-Help Center at
http://www.adamscounty.us
. The Pennsylvania Rules of Civil Procedure
do not require the filing of the Criminal Record / Abuse History
Verifications with a Petition for Civil Contempt.
E. Rules of Civil Procedure
1. A copy of the Pennsylvania Rules of Civil Procedure and Adams County Local
Rules can be obtained from the law library located on the Third Floor of the
Adams County Courthouse. The applicable rules of court are Rules 1915.1
through 1915.25 of the Pennsylvania Rules of Civil Procedure.
General Information
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F. Basic Procedure – PARENTING PLAN
1. This packet contains instructions and forms for completing the PARENTING
PLAN. If the Judge in your custody case orders you to complete a PARENTING
PLAN, you may use the instructions and forms from this packet to do so. If there
is no custody order involving the children and you want to obtain a custody order,
you should not use this packet but rather you should use the Obtaining a Custody
Order packet. If you have an existing custody order and you wish to modify it,
you should not use this packet but rather you should use the Modification of a
Custody Order packet. If you are experiencing difficulties with regard to the other
party(ies) following an already existing custody order, then you should not use
this packet but rather you should use the Enforcing a Custody Order packet.
G. Service
1. STOP!! READ THE FOLLOWING PARAGRAPH CAREFULLY!
2. The Pennsylvania Rules of Civil Procedure require that all documents (including
Petitions, Complaints and Orders) that you file with the Court must be served by
you on the other party, or their attorney of record, if any. This includes any Orders
you receive scheduling an appearance before the Judge as a result of your filing.
Although the Prothonotary’s Office may send a copy of a Scheduling Order to the
parties, THIS IS NOT SERVICE. If you do not properly serve all other parties,
your case may be delayed, or even dismissed. This packet includes information on
how to properly serve the other party.
H. Obtaining a Custody Order
1. If there is a Custody Agreement: You can initiate a custody action by yourself
or through an attorney. Even if there is an agreement about custody, you still need
to complete a Custody Complaint, file the Complaint at the Prothonotary’s Office,
and follow the instructions in the packet for service. The Court will schedule a
time for all parties involved to meet at the Courthouse to place the agreement on
the record for entry of an Order.
2. If there is NO Custody Agreement: you must complete various documents that
need to be filed at the Prothonotary’s Office. After the Court receives all of your
properly filed documents, a custody conference will be scheduled by Court Order.
You must then pick up the Court Order that schedules the custody conference
from the Prothonotary, as well as your Custody Complaint and other required
documents, and properly serve or provide a copy of those documents to the other
side. You must prove, by filling out and filing an appropriate document, that you
served the other side. If necessary, a custody trial will be scheduled at the time of
the custody conference.
General Information
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3. What is a Custody Conference? In Adams County, the first time that you come
to Court in a custody case will not be a trial, unless a Judge has signed an Order
that says otherwise. Normally, the first time that you come to Court will be for a
Custody Conference.
i. A Custody Conference is held for the following reasons:
To make the Judge familiar with your custody case.
To have you and the other party meet with the Judge and tell the
Judge what the case will be about if there is a trial.
To find out whether it is possible for everyone in the case to agree
to a custody schedule without having a trial.
To have the Judge establish a custody schedule between the time
of the conference and the time of the custody trial if the parties are
unable to resolve their difference by agreement.
ii. You will need to attend the custody conference at the date, time and place
set forth in the Court Order. The Court will determine whether the parties
can agree on an appropriate custody schedule. If no agreement is reached
the Court will order a temporary custody arrangement and set a date and
time for trial.
iii. Prior to coming to the custody conference, you should complete a
CUSTODY CONFERENCE MEMORANDUM to submit to the Court at
the conference.
4. What is a Custody Trial?
i. At the trial, you will present witnesses and exhibits in support of your
request for custody. At the end of the trial, the Court will enter an Order
resolving the custody dispute.
ii. If the Judge schedules a trial, you may be ordered to complete a
PARENTING PLAN. You will need to complete the PARENTING
PLAN, file it with the Prothonotary, and serve it on the other party. You
will also need to file the Certificate of Service proving you served the
PARENTING PLAN.
iii. If the Judge schedules a trial, you may do a great disservice to yourself
and your children if you do not consult with and hire a licensed attorney.
If you end up having a trial before the Judge and do not have an attorney
representing you, you will be considered to hav e all the knowledge and
training of a lawyer during the trial.
iv. If the other side does not have a lawyer at the trial and you do not have a
lawyer, the Judge may, but is not required to, be more understanding of
the situation and may relax some of the formal rules that govern how the
trial is conducted. If, however, you do not have a lawyer and the other side
has a lawyer at the trial, you may become very frustrated and feel defeated
by the process. To prevent this from happening, you really should hire a
lawyer if a custody trial is scheduled.
General Information
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I. Enforcing a Custody Order
1. If someone violates the provisions of a Custody Order, then you can file a Petition
for Civil Contempt along with a Notice and Order to Appear. After the Court
receives a completed Petition for Civil Contem pt along with a Notice and Order
to Appear, a date and time will be scheduled for a hearing. These documents must
be properly served on all parties and proper documentation of service must be
submitted to the Court. At the hearing, the Court will review the evidence, and if
necessary, take testimony from any witnesses. If someone violates a Custody
Order, then he/she can be subject to a fine and/or imprisonment. The Enforcing a
Custody Order Packet is available for your use regarding enforcing a Custody
Order should the need arise, and can be obtained from outside the Adams County
Law Library on the third floor of the Adams County Courthouse or from the
Courts’ Self-Help Center on the internet at http://www.adamscounty.us
.
J. Modifying a Custody Order
1. If a Custody Order already exists but circumstances have changed, then you can
file a Petition for Modification along with an Order of Court. The Court will
schedule a date and time for a trial by Court Order. These documents must be
properly served on all parties and proper documentation of service must be
submitted to the Court. At the trial, the Court will review the evidence, and if
necessary, take testimony from any witnesses. If the Court determines that the
modification is warranted, then a new Court Order will be issued. The
Modification of Custody Order Packet is available for your use regarding
modifying a Custody Order should the need arise, and can be obtained from
outside the Adams County Law Library on the third floor of the Adams County
Courthouse or from the Courts’ Self-Help Center on the internet at
http://www.adamscounty.us
.
K. Relocation
1. If one party wants to move, and the change in residence of the child will
significantly impair the ability of the non-relocating party to exercise custodial
rights, the moving party must file a Notice of Proposed Relocation no later than
60 days before the move. In certain circumstances, this Notice can be f iled later
than 60 days before the move. Relocation is complicated and it is strongly
suggested you talk to an attorney if you plan to relocate with the child or if the
other party plans to relocate with the child. The Relocation of Custody Packet is
available to help all parties in a relocation case and contains important
information about the relocation process. The Relocation of Custody Packet can
be obtained from outside the Adams County Law Library on the third floor of the
Adams County Courthouse or from the Courts’ Self -Help Center on the internet at
http://www.adamscounty.us
.
Instructions
Page 1 of 4
INSTRUCTIONS
A. Completing the PARENTING PLAN
1. In a contested custody proceeding, the Judge may require that the parties
submit PARENTING PLANS for the care and custody of the child to aid the
Court in resolving the custody dispute.
i. If the parties cannot come to an agreement on a custody schedule at the
custody conference, the Judge will schedule a date and time for trial.
ii. If a trial is scheduled, the Judge may order you and the other parties to
each complete a PARENTING PLAN.
iii. You must complete, file, and serve the PARENTING PLAN on the other
party at least a week prior to the date of the trial.
iv. Please refer to the following instructions for completing the
PARENTING PLAN.
2. CAPTION
i. Print the name of the Plaintiff in the line for Plaintiff, the name(s) of the
other parent or guardian of the child(ren) in the line(s) for Defendant(s),
and the case number. This should appear exactly as the caption looks on
all other documents for this case, such as the COMPLAINT FOR
CUSTODY or PETITION TO MODIFY CUSTODY.
3. THIS PARENTING PLAN INVOLVES THE FOLLOWING
CHILD/CHILDREN
i. Print the name, age, and residence of each child that will be involved with
the parenting plan. The child(ren) involved in this custody case are the
child(ren) you should list here.
4. CHILDREN NOT ADDRESSED BY THIS PARENTING PLAN
i. Print the name, age, and residence of all other children you have, that are
not part of this custody case.
5. LEGAL CUSTODY
i. Circle whether both parties plan to decide together or whether the Plaintiff
or Defendant only will make decisions as to the listed legal custody items.
6. EXPLAIN THE PROCESS YOU WILL USE TO MAKE DECISIONS
i. Explain how you and the other parent plan to make decisions pertaining to
the child(ren) involved with this custody case.
7. PHYSICAL CUSTODY
i. List the name and address of all planned residences of the child(ren)
involved with this custody case.
Instructions
Page 2 of 4
8. DESCRIBE WHICH DAYS AND WHICH TIMES OF THE DAY THE
CHILD/CHILDREN WILL BE WITH EACH PERSON
i. For each day of the week, list the planned custody schedule of the
child(ren) involved with this custody case.
9. DESCRIBE WHERE AND WHEN THE CHILD/CHILDREN WILL BE
DROPPED OFF AND/OR PICKED UP
i. Print the location, time and day of the planned custody exchanges, based
on the planned custody schedule.
10. IF ONE OF YOU DOESN’T SHOW UP, HOW LONG WILL THE OTHER
WAIT?
i. For the planned custody exchanges, list how long the other parent should
wait at the planned custody exchange location when one parent is late or
hasn’t shown up.
11. IF THERE ARE ANY EXTRAORDINARY COSTS, WHO WILL PAY?
i. List which parent (or if both parents) plans to pay for which costs if
custody exchanges require extraordinary costs, such as the cost of taxis,
trains, and airplanes.
12. HOLIDAYS
i. For each holiday, list which parent will have custody of the child.
ii. The PARENTING PLAN allows for an alternating schedule (YEAR
A/YEAR B) or for one parent to have custody on each year.
1. For example, Mother might like to have custody of the child for
Memorial Day in Year A, and give Father custody of the child on
this day in the next year, Year B. This schedule would then
alternate year to year.
2. For example, Father might like to have custody of the child on
every Father’s Day, and Mother on every Mother’s Day.
iii. If a listed holiday does not apply, you may draw a line through that
holiday or write “Not-Applicable” on the PARENTING PLAN.
iv. If there are other holidays not listed, please write-in the holiday you wish
to schedule in the “Other” spaces.
13. SUMMER VACATION PLANS
i. In the space provided, describe how you plan to share custody of the
child(ren) over the Summer Vacation.
ii. Please also indicate any periods of time you would like to reserve for
vacation that you would like to take with the child(ren) and the time
required.
14. SPECIAL ACTIVITIES or SCHOOL ACTIVITIES
i. For each child, list special activities and school activities and whether both
parents may attend, and if not, which parent attends.
