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HomeMy WebLinkAbout01-04482TONYA J. NELSON, Plaintiff v. LARRY L. WELKER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. dl - '~lf~~~-- CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOaIV, this ~` ~ day of ~, 2001, it is hereby ORDERED AND DECREED that the attached Custody Stipulation is made an Order of Court and said Custody Stipulation is adopted in its entirety and incorporated herein as an Order of Court. Dated:7rw D' BY TH URT: Judge 0~ ~ R ~'~~ TONYA J. NELSON, Plaintiff v. LARRY L. WELKER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AGREEMENT, made this ~~L day of ~~-~ , 2001, by and between LARRY L. WELKER, hereinafter referred to as "Father," and TONYA J. NELSON, hereinafter referred to as "Mother." WHEREAS, the parties hereto are the natural parents of one minor child, SHELBY JO WELKER, born July 13, 2000; and WHEREAS, the parties have come to an agreement concerning the issues of child custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby stipulate and agree as follows: i LEGAL CUSTODY 1. The parties shall have shared legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious, and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promote the child's best interests. 2. Each party has a right to be kept informed of the child's educational and medical development, and shall have a right of access to the child's educational and medical records. Each party shall be entitled to complete and full information concerning the child from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the child, which could reasonably be expected to be of significant concern to the other party. 4. Each party agrees not to impair the other party's right to shared legal custody of the child. 5. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the child at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him or her regarding the emergency as soon as is practicable. PHYSICAL CUSTODY 6. From the date of execution of this Stipulation, Mother shall have primary physical custody of the minor child. 7. From the date of execution of this Stipulation, Father shall have partial physical custody of the minor child in accordance with the following schedule: a. Every other weekend from Friday evening through Sunday evening, the specific times and arrangements for transportation to be mutually agreed by the parties. b. Two evenings each week, Father shall have a two to three hour block of time with the child and shall return the child for overnights with Mother. c. Father and Mother shall each have the right of first refusal to care for the child should either parent be unavailable for a period of at least three hours during any of that parent's custodial periods. Each party shall give the other as much advance notice as possible concerning the time period that the custodial parent will be unavailable to care for the 3 child. The parent exercising his or her right-of-first-refusal shall be responsible for all transportation. Father shall have additional periods of physical custody as are mutually agreed between the parties. 8. Regarding all holidays, the parties -have agreed to work with one another to make sure that each party has the opportunity to enjoy holidays with the child. 8. The minor child shall spend Mother's Day with Mother and Father's Day with Father regardless of any other regularly scheduled custody arrangement. 9. Each party shall be entitled to a reasonable amount of vacation time during the summer and shall promptly notify the other of any travel plans, travel arrangements, and whether or not said travel plans might affect the custody arrangement. Each party shall be entitled to at least two weeks' notice of any scheduled trip and will provide the other party with names of hotels or residences, including the address and telephone number, for the applicable period of time. 10. It is the intention of the parties that this Stipulation serve primarily as a guide for custody. The parties agree to work with each other to accommodate the other party's request for additional periods of custody not outlined in this Agreement. 4 11. The parties shall refrain from making derogatory remarks or comments about the other parent in the presence of the child, and to the extent possible, each party shall prevent third parties from making such comments in the presence of the child. WHEREFORE, the parties request that this Stipulation be entered as an Order of the Court. Witness arty L. elker, Jr., Defendant ~ ~ ~ ~_ ^: ~._ ~`; -; ~- y <:; ;