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HomeMy WebLinkAbout97-04231 ~;:!i ~~I ~I~~ ... u ~ ... I f fJ. .~ '... 9; ~~Ol .u ~~ ~~ ' J: ~~JI III " 11 a . ~li: . '&!l f;i'1Ii t ~ f ~ ~ ~ ... ~I~E ~ i j~! I . . O\tJ lQ 0< ~ . i ~ ~ i .. '. . . . " lltx v;. ,~:' , EUGENE E. FAILOR, JR., . IN THE COURT OF cctoIMON PLEAS OF . Plaintiff . CUMBERLAND CXXlNTY, PENNSYLVANIA . . . vs. . NO. 97-4231 CIVIL TERM . . . CHERYL A. FAILOR, . CIVIL ACTION - LAW . Defendant . CUSTODY . CIUlER OFaxm "" ..... w. J'b- ~ doy of /I ~ ~ I upon consideration of the attached Custody ~tiCX'l ordered and directed as follows: , 1997, Report, it is 'l11e TeIlp:lrary Custody order entered by this Court CX'I August 25, 1997 shall continue in effect and shall govern the parties' cngoing custody arrangements with respect to their Children, Alec E. Failor and Joshua P. Failor. BY THE CXXJRT, CCI Peter J. l\UaaO, EIlquire - Counsel for Father - (:'''J>'''<< JOIn Clarey, Eaquire/Jan Terpening - for the Mother ....~,.( I-:t/ISJ",. ..A \). " 11 EUGENE E, FAILOR. JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, CHERYL A, FAILOR. Defendant : NO, 97-4231 CIVIL TERM : CUSTODY AND NOW. this day of August. 1997. upon consideration of the parties' Consent Agreement. the foUowing Order is entered with regard to custody of the parties' children, Alec Ernest Failor and Joshua Paul Failor, I, The plaintift hereinafter referred to as the mother. and the defendant. hen:inafter referred to as the father. shall share legal custody of the children, 2, The mother shall have primaJy physical custody of the children, 3, The father shall have partial custody of the children every other Mekend liom Saturday at 9:00 I,m until Monday morning when he delr.-ers the children to the mother's residence at II 30 a.m, The father shall also have the children on the Th1rsday following his Mekend liom 3:30 pm, until 830 p,m, during the summer months. and from 330 pm, until 730 p,m, during the school year. and at other times Jrotua/Iy agreed upon by the parties" The father shall begin his weekend schedule c:ommencing Saturday. August 16. 1997 4, The father shall be responsible for transportation of the children to and liom the mother's residence or I designated rdUm location. elcept OIl alternating Th1rsdays when IU pea..... shall pI'O\U transportation The father shall mnain in his \'dIicle during transfer of custody ). S, The parties shall alternate the following holidays from 9,00 a,m until 600 p,m: Labor Day, New Year's. Easter, Memorial Day, and July 4th with the lather having the children on Labor Day, Monday, September I, 1997. The holiday schedule shall supercede the regular alternating weekend and Thursday schedule 6, The parties shall share the Thanksgiving Day holiday with the father having the children from 9:00 a,m, until 3:00 p,m when he returns the children to the mother 7, The mother and father shall share custody of the children during the Christmas holiday with the mother having the children on Christmas Eve from 900 a,m, until Christmas Day at 9:00 a,m" and the father having the children on Christmas Day from 900 a,m, until December 26th at 6:00 p,m, 8, The mother shall have the children from 900 a,m, until 600 p,m, on Mother's Day if it falls on the father's weekend, and the father shall have the children on Father's Day from 900 I,m until 600 pm if it falls on the mother's weekend 9, Each party shall have the right to 1m'C the children for a two hour period on the children's birthdays at times mutually agreed upon by the parties 10 Each party has the right to I four-week period of sununer \'lICation each year with the children with the following provisions I) The parties shall prmide each other with 30 days advance notice of intmt to exercise their \'ICItiOn period whether in consecutive or I1OIKOOSCQItiv'C ~ b) If either party takes the \'lCltion time in two or more colIS<<utive week it.....,,gill and remains within I SO-mile radius of the other parent's l~ the non- CUSlodial parent may C'\emse the aIIanatinK wecllend scht'duIe IS set wi in pIf1gI'Iph 3 abo\-e 4, The father will be responsible for transponation of the children to and from the mother's residence or a designated return location, except on alternating Thursdays when his parents will provide transponation, The father will remain in his vehicle during transfer of custody, 5, The panics will alternate the following holidays from 9,00 a,m, until 600 p,m,: Labor Day, New Year's, Easter, Memorial Day, and July 4th with the father having the children on Labor Day, Monday, September I, 1997. The holiday schedule will supercede the regular alternating weekend and Thursday schedule 6, The panics will share the Thanksgiving Day holiday with the father ha\ing the children from 900 a,m, until 3:00 p,m, when he returns the children to the mother, 7, The mother and father will share custody of the children during the Christmas holiday with the mother having the children on Christmas Eve from 9:00 a,m, until Christmas Day at 9,00 am, and the father having the children on Christmas Day from 900 a m until December 26th at 600 p,m, 8, The mother will have the children from 900 a,m, until 600 pm on Mother's Day if it falls on the father's weekend. and the father will ha\-e the children on Father's Day from 900 am until 600 p,m, ifit falls on the mother's weekend 9, Each party wiD have the right to ~-e the children for a two hour period on the children's binhdays at times rrotuaIIy agreed upon by the panics, 10 Each party has the right to a four.week period of summer \xabon each year with the children with the following prm1sions a) The parties will provide cach other with 30 days advance notice of intent to exercise their vacation period whether in consecutive or non-consecutive weeks, b) If either party takes the vacation time in two or more consecutive week increments and remains within a 50-mile radius of the other parent's residence, the non- custodial parent may exercise the alternating weekend schedule as set out in paragraph 3 above, c) The mother and father will provide each other with complete address(es) and telephone number(s) where they can be reached if they take their vacation away from their home d) If the children are vacationing at a location more than 50 miles from the n0n- custodial parent's residence, the custodial parent will ensure that the other parent has reasonable telephone contact on a weekly basis with the children during their vacation, II, The mother and father, by mutual agreement, may vary from this schedule at any time but the order will remain in effect until further Order of Court 12, The mother and father agm= that each will notiJY the other of all medical care the children receive while in that parent's care, Each parent will notifY the other inunediate1y of medical emergencies which arise while the children are in that parent's care, 13, The parties rea1ize that their children's well beins is paramoont to any diffi;, alCa they might have between thernseI\'e5 Therefore. they agree that neither party will do I1I}'thing which may CSlI"IIIF the children Iioot the other parent. or injure the opinion of the dliIdren IS to the other pII'aIt ~AUG 0 7 1997 EUGENE E. FAILOR, JR., PlaintIff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q 7. '/.)31 twJ,' ,::It.!IJ' CIVIL ACTION - LAW CUSTODY CHERYL A. FAILOR, Defendant AND NOW, this \ ~ day of 1"-)5 "Y-.. \- ,1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counse~ appear before f)c~\~ \(-\ ;'). ~])ct~t=~.q \.J\:t:: . the Conciliator, at 'l '" r" - e ' . (',' \ " ( - A on the 9 day of (',(T\ec"bC'(-. 1997, at ,?:,' CC. pm. or a Pre-Hsaring Custody Conference, At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order, All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or pennanent Order. FOR THE COURT, By:..t(\\\~y\ 7\ <,;;1\U1ICi!'lYt,~, Custody Conciliator (it'~) J The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Ad of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our ofIlce. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTÿHAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House, 4th Floor Carlisle. Pa, 17013 (717) 240-6200 ~.,.>< ~ 4, Alec E, Failor was born out of wedlock, Joshua p, Failor was not born out of wedlock, 5, The children are presently in the custody of Cheryl A. Failor, who resides at 1367 Zimmerman Road, Carlisle, Pennsylvania 17013. 6. During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant 110 Hillside Drive August, 1992 - May, 1993 Mt. Holly Springs, 17065 Plaintiff and Defendant 1008 Rebecca Street May, 1993 . August 3, 1997 Mt. Holly Springs, 17065 7. The mother of the children is Cheryl A. Failor, currently residing at 1367 Zimmerman Road, Carlisle, Pennsylvania 17013, The mother is married. 6, The father of the children is Eugene E. Failor, Jr.7, currently residing at 1008 Rebecca Street. Carlisle, Pennsylvania 17013, The father is married. 9. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name ReI.uOMhlp None 10. The relationship of defendant to the children Is that of mother, The defendant currentJy resides with the following persons: Name Alec E. Failor Joshua P. Failor StwryMi.... Allen MIller Kyle Miller Ben Miller ReIatIoMhtp Son Son Sister e. oth.-in-Iaw Cousin Cousin ,.. ,. -'..' _.~ ."....-.-.......,-..--'~"....,n.. '''':. "iT..':,._ ,,-:-- ""'--y,.. . . " . . . " ( . ~' ." .......... ........._~~~~ c.:" 12. Respondent has recently begun using the young children at issue in this case as messengers rather than discussing issucs with Petitioner directly. 13. Respondent has failed and refused to provide infonnation regarding the children relative to their medical and educational needs. 14. At present, Respondent resides as aforesaid with the parties children and her paramour, Zachary White. I S. Petitioner resides as aforesaid with his paramour, Tracy Scali, and her children Kyle Scoll, age 7, and Logan Scoll, age 3. 16. For the aforesaid reasons, Petitioner believes and, therefore, avers that it is in the best interest and pennanent welfare of the children to have the children placed in Petitioner's primary physical custody, pro"iding Respondent with appropriate periods of partial custody, 17. With the exception of the prior Orden referenced above, Petitioner has not participated as a witness or party in any other capacity concerning the custody of the children in this or in any other court. 18. Petitioner has no information or any custody proceedings con<<ming the chiJdml pendina in any court of this commonwealth. 19. htitionct docs not know or. penon not . party to the pro<<cdinp who baa pb)'tieal C\IStOdy of the chi\dren Of claims to ha~ cllSlOdy \If vi1i1atioft riahU .lth ".ct to the children. EUGENE E. FAILOR, JR., : IN T!!E cot.'RT OF COI1MCtI "L~ OF Plaintiff . CL'MBERLAND cot.'N!Y, PENNSYLVANIA . : VS. : ~. 97-4231 CIVIL TE:RI1 CHERn A. FAILOR, . CIVIL AcrICN - LAW . Defendant . CUSTCDY . auEt (p CXlJRr .... 1Df, .... Jv~ day" II ~~ . upon c:cn.siaeration of the attached CUStody ~tia'l ordered and directed as follows: , 1997, Report, it is 'l1le Teq10rary CUStody Order entered by this Court a'I August 25, 1997 shall continue in effect and shall govern the parties I cnqoing custody arrang~ts with respect to trteir Children, Alec E. Failor and Joshua P. Failor. ay THE c::L'RT, cc: Peter J. Russo, E.squire - C:1.:l".sel f:r :!t."ler - eo>r..... ,_...t:.( Joan OlAy, Es<;uire/:an Ter:-..ening - f:::r t.'1e :-!C:t:.'1er EXHt8tT "A" 1~,SI1"1. ..i \; EUGENE E. FAILOR, JR., Plaintiff . . IN THE CCL'RT OF CCMMCN PLEAS OF CL1".BERLAND C"'...v'NT'i, PENNSYLVANIA . . vs. NO. 97-4231 CIVIL TE:IU1 . . CHERYL A. FAILOR, Defendant CI'lIL ACTI:N - LAW : ct:S'l'CCY . . PRI~ JtJDGE: ~ E. IIJft'ER ~:l\.ui cx:K::ILIA1'ICN StttlARY R!PCRl' IN AaX1mAla wrm ctImf.RLAND 0XWl'Y RIlLE (R CIVIL Pllr.')~, UIE 1915.3-8, the under.signed CU.stody COnciliator subnit.s the following report: 1. The pertinent information concerning t.":e C.'lildren who are the subjecb of this litigation 13 a.s follOli3: !WIB M1'E (R BIRI.'B a:IUU!Bl'Lr IN .......~\"L/J: (R Alec E. Failor Jeshua P. Failor July 29, 1991 August 25, 1994 Defendant/~ther Defendant/Mother 2. A Conciliation COnference 'Ja.s held on 5eptelltler 9, 1997, with the follewing individual.s in attendance: The Father, Et.-gene E. Failor, Jr., '.lith his counsel, ?eter J. Rt:s.so, E:.s<;uire, anC t.":e l1ot.'ler. :nery1 A. Failer, wit.'l her representative, :an TertJelling. 3. The COnciliater ha.s held t.'li.s :natter =pen since t.'le date ef t.'le Conference a.s the panies ....re continuing t: negetiate certain i.ssues raised at the COnference. M these 13sues rlC\J seem t: have been rlI.so1'ad and it is the COnciliat:r's understanding :.":at bet.'l pani.s ac;rM t: C'"..rltinue to abide by :.'le T~ruy <"lStody ~er entered in t.'lis matter by :'''le Court on Auc;wst 25. 1997, t."e ::::ncilbt:r nc:ar.:enes !on Cr:er in the fcr::n as attached. :aee J.,.,t:;,.,...~ . .,. ~,.. - 11'1' I " , I I , L,./ a.-""Ill..........:.,..... _"l ...'..JA-t :a..n s. ':l.:..~y, !.Sc;\;l:-e ~:ody ::r.eiliat:~ 5, The parties shall alternate the foUoy,ing holidays from 9:00 a.m. until 6:00 pm,: l..abor Day, New Year's. Easter, Memorial Day, and July 4th y,ith the t1Ither having the children on l..abor Day, Monday, September I, 1997, The holiday schedule shall supercede the regular alternating weekend and Thursday schedule, 6, The parties shall share the Thanksgi\ing Day holiday Y,M the father having the children from 9:00 a.m wttil300 p,m when he retUrnS the children to the mother 7, The mother and &ther shall share custody of the children during the Christmas holiday with the mother having the children on Christmas Eve from 9'00 a.m until Christmas Day at 9:00 a.m, and the father ha'loing the chi1dren on Christmas Day from 9:00 a.m until December 26th at 600 p,Ol 8, The mother shall have the children from 900 a.m until 6 00 p,m on Mother's Day ifit laI1s on the father's weeJcend. and the father shal1 have the children on Father's Day from 9:00 a.m, urttil 600 P m, ifit laI1s on the mother.) weekend, 9, Each paltlo. shal1 have the right to have the children tOr .1 t'Wo hour period on the children' 5 binhdays at rimes mutually agreed upon by the parties 10 Each patty has the right to .1 tbur.y,eek period d >urMler \ acaDon each year ",ith :he children 110M the tOllo1lolng pro\1Sl0n5 J) The par::es ;halJ ;:m)\1de ~ch)ther ''\lth :') ja\S wance notice "i inttet to <!.'terase theo.r "a.:Jt:on ;:e!"(.'I(j ',\ nether :n ~::r.st\.~..n\ e or 1"n--:onsecuti\ e ",~ks OJ If ~!~ ~~ :Ji::s :he \;h;atcn ~ ~n t\\C ~r mere ~cns<<"Jme '.'eek .ncremems and re::wns...'tJun .1 :.j..m1ie r:1dius .:li:he other pMent' 5 residence. the ::on- .:ustO\.liJl parent ~\ ~'em~ :1':e 1lter!'..1r.ng 1Ioeei-.:r.d ;.:hedule as ie\ out u\ ~h 3 Jeo\C c) The mother and father shall provide each other with complete address(es) and telephone number( s) where they can be reached if they take their vacation away from their home. d) If the children are vacationing at a location more than 50 miles from the non- custodial parent's residence. the custodial parent shall ensure that the other parent bas reasonable telephone contaCt on a weekly basis with the children during their vacation. 11, The mother and father, by IIIUtUal agreement. may vary from this schedule at any time but the order shal1 remain in elfect umiI further Order of Court. 12. The mother and father shaD notift the other of all medical care the chiIdten receive while in that parem:'s care, Each parent shaD notifY the other i~iotely of medical emo.~ which arise wbiIe the children are in that parents care, 13 ~either partY sbaI1 do anything which may ~ 41lge the children from the other parent. or injure the opinion of the children as to the other parent or which may hamper the free and natUl'3l de\'eiopmem of the chi1dren's 10..1: or respect for the other parent, Peter J !Wsso Attorney fur Plaintiff ....,_...l SO: "'''/1: -..... "1.....-.... .' .....; '. Joan C &feY UG.u. SER\lC1:S. ~C, ~orney fur De."endant 4. The father ""ill be responsible for transportation of the children to and from the mother's residence or a designated return location. except on alternating Thursdays when his parents ~ provide transportation, The father ~ remain in his vehicle during transfer of custody, S, The parties ~ alternate the foUo~g holidays from 9:00 a.m. unti16,QO p,m.: Labor Day, New Y ClII's, Easter, ~fcmorial Day. and July 4th with the father ha\ing the children on Labor Day, ~fonday, September I, 1997 The holiday schedule ~ supercede the regular alternating weekend and Thursday schedule. 6, The parties ~ share the Thanksgiving Day holiday with the t3ther having the children from 9:00 a.m. unti13:00 p,m. when he returns the children to the mother, 7, The mother and father ~ share .:ustody of the children during the Christmas holiday with the mother having the chi1dren on Christmas Eve from 9'00 a.m. unti1 Christmas Day at 9:00 a.m.. and the father ~ing the children on Christmas Day from 900 1m. unti1 December ~6th at 6 00 P m. 8 The mother will ~e the children from qoo 1m, urni16 00 pm, on \fothets Day ifit tills on the tither' 5 weekend. and the father ",,111 have the children on Father's Day from 9'00 a.m. unti1 600 p.m. if it tills on the mother's ""eekend 9 Each party will have the "!!in :0 ha\e ~e duldren tor .1 [1.\0 hour period on the duldren's binhdays at tunes lTlUtuaIlv 1l!l"eed upon ~ :he parnes \') E.1ch ~ has the "!PIt :0 J tbur.....eek penod Jt ~mn:er \ Jeanen t:lCh yw \\M the children ....M the fuUo.... ~ pro\lSlCns or which may hamper Jte free and natural development of the children's lo\'C or res~t for the other parent. WHEREFORE, the parties request that a Temporary Custody Order be entered to ret1ect the ~J a, "17 (=.~.. -I/t/.. - E. Failor.lr,. PIaimift" ' above terms pending fiuther Order ofCoun after the conciliation conference, ~~ .. It) CberyI ..\, Fail . ~'1t kJ}::x-;Z::: ~--- Peter 1. Russo. Attorney for PIaiDtitf 61 West too Jther Street Carlisle, P A 170 13 (717) 249-2721 LEGAL SERVICES. INC- a Irvine Row Carlisle, PA 17013 (717) 243-9400 . "".' , EUGENE E. FAILOR, JR., . IN THE <XlURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . vs. . NO. 97-4231 CIVIL TERM . . . CHERYL A. FAILOR, . CIVIL ACTION - LAW . Defendant . CUSTODY . 0UlI!R OF cnm AND tof, this consideratioo of the attached and directed as follows: I t.tI- day of ~-d~ Custody Conciliation R~rt, , 2000, upon it is ordered 1. 'Ihe Father, Eugene E. Failor, Jr., and the Mother, Cheryl A. Failor, shall have shared legal custody of Alec E. Failor, born June 29, 1991, and Joshua P. Failor, born August 25, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-energency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of this Paragraph each parent shall be entitled to all records and informatioo pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possessioo of any such records or information, the parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children 00 alternating weekends fran Friday after school until Sunday at 7:30 p.m., begiMing February 11, 2000. The Father shall also have custody of the Children every Wednesday fran after school until 7:30 p.m. and at any additional times as the parties may agree. 4. The partie shall share or alternate having cuatody of the Children 00 h)lidays as follows: A. aIUSDlAS: The Christmaa holiday shall be divided into Se9ment A, which shall run fran Christmas Eve at 9:00 a.m. \Xltil Christmaa OIly at 12:00 noon, and Segment 8, which shall run fran ChriatNa Oay at 12:00 noon through Oeceriler 29 at 7:30 p.m. The Mother shall have cuatody of the Children every yMr during se\lll~t A and the Father lIhall have cuatody every yMr daring Sllgment s. a. THANKSGIVING: 'Ihe Thanksgiving holiday shall be divided into Segment A, which shall run fran after school on the Wednesday before 'Ihanksgiving through Friday at 7:30 p.m. and, Segment a, which shall run fran the Friday after Thanksgiving at 7:30 p.m. through Sunday at 7:30 p.m. 'Ihe Father shall have custody of the Children during Segment A in even nUllbered years and during Segment a in odd nUJTbered years. The Mother shall have custody of the Children during Segment A in odd nUllbered years and during Segment a in even numbered years. c. P.AS'l'ml: The Easter holiday shall be divided into Segment A, which shall run fran after school on the last day of school before the holiday break until Saturday at 2:00 p.m., and Segment a, which shall run fran the Saturday before Easter at 2:00 p.m. through the last day before school resumes at 7:30 p.m. The Father shall have custody of the Children during Segment A in even numbered years and during Segment a in odd nUllbered years. The Mother shall have custody of the Olildren during Segment A in odd numbered years and during Segment a in even numbered years. D. AL'l'DlNATING IILIDAYS: 'Ihe parties shall alternate having custody of the Olildren on the following holidays fran 9:00 a.m. until 7:30 p.m. on the holiday: New Year's Day, Memorial Day, July 4th and Labor Day. 'Ihe Mother shall have custody of the Children in even numbered years on Memorial Day and Labor Day and in odd nl.11'bered years on New Year's Day and July 4th. '1he Father shall have custody in even numbered years on New Year's Day and July 4th and in odd numbered years on Memorial Day and Labor Day. E. ftJ!......'S DU/FAmIlR'S DU: '1he Mother shall have custody of the Olildren every year on Mother's Day fran 9:00 a.m. until 7:30 p.m. and the Father shall have custody of the Olildren every year on Father's Day fran 9:00 a.m. until 7:30 p.m. F. In the event the Father's period of holiday custody falls inmediately preceding or following his regular period of custody, the Father's holiday and regular custody periods shall run c:ontinuoualy. G. The holiday cuatody schedule shall supersede and take pncedence over the regular cuatody schedule. 5. Each party shall be entitled to have cuatody of the Olildren for 4 weekB during eac:h s~r school br:eaJt, with no more than 2 weeIta to be taken c::on.secutively. The Father shall provide notice to the I'tother by Apdl 1 each year of the date on whic:h he p14N1 to take his first 2 weeIta of cuatody and by /lIay 1 ea<:h yvar of the date on whic:h he plana to take his HCoud 2 weeIta of cuatody. The Mother shall notify the Father by April 15 each )"Mr of the datu she has selected for her first 2 weeIta of cuatody and by /lIay 15 each )"Mr of the date for the HCOnd 2 veeka. Both parti.. shall achedule periods of cuatody ~r this provision to include his or her nqular __em periods of cuatody.