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HomeMy WebLinkAbout01-08722OOO CUSTODY AGREEMENT T~IS AGREEMENT, made this day of between PATRICK WAYNE GALLAGHER of Halifax, Pennsylvania (hereinafter referred to as "Father"), GALLAG~ER of Enola, "Mother"). and JANA ~4ARGARET Pennsylvania (hereinafter referred to as W~EREAS, namely KYLE Ab-DREW GALLAG~ER, born November 25, referred to as "the Child"); and WI4EREAS, the parties hereto desire to enter into an agreement as to primary custody and partial custody of NOW T~EREFORE, the parties hereto intending to be bound hereby, do covenant and agree as follows: 1. Father shall have primary legal custody of the child. 2. Father have primary physical custody, care and control of the child. 3. Mother shall have partial custody with the child at the following times: a. Every other weekend beginning Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. The parties agree to the following concerning holidays: 1. Mother shall be entitled to all of the W I T N E S E T I4 the parties are the parents of one minor child, 1991 (hereinafter the Child. legally holidays in the even numbered years and father shall be entitled to all of the holidays in the odd numbered years; 2. The holidays are defined as follows: Thanksgiving, the child's birthday, Christmas Day, New Years Day, Easter, Memorial Day, Fourth of July, and Labor Day; 3. Each holiday shall last for the purpose of this Agreement from 5:00 p.m. the evening before the holiday to 6:00 p.m. on the date of the holiday. If the holiday falls on a Friday, the holiday shall last from 5:00 p.m. Thursday evening to 6:00 p.m. Sunday evening. If the holiday falls on a Saturday or Sunday, the holiday shall last from 5:00 p.m. Friday to 6:00 p.m. Sunday. If the holiday falls on a Monday, the holiday shall last from 5:00 p.m. Friday to 6:00 p.m. Monday. Thanksgiving, for purposes of this Agreement, shall last from 5:00 p.m. Wednesday evening to 6:00 p.m. Sunday evening. Accordingly, the Mother's Day holiday shall last from 5:00 p.m. Friday to 6:00 p.m. Sunday and the Father's Day holiday shall last from 5:00 p.m. Friday to 6:00 p.m. Sunday. 4. The party picking up the child at any particular time shall provide the transportation for the child. 5. During the respective periods of custody, both Mother and Father shall keep the other parent fully informed of the location of the child and the phone numbers and places of any temporary residence. Each parent shall permit and encourage reasonable mail and telephone contact between the child and the parent who is out of custody for any particular period. 6. Neither Father nor Mother shall use any controlled substances in the presence of the child nor shall they consume alcohol to the point of intoxication in the presence of the child during any period of visitation. 7. Neither Father nor Mother shall do anything to estrange the child from the other parent and both shall encourage the child's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the child shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the child. 8. With regard to any emergency decision which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions calls to the parent. t0. It of a routine nature will be the responsibility of the parent having physical custody at the time. 9. Both parents shall have liberal rights to place phone child when the child is in the custody of the other is the intention of the parties hereto that the Court adopt this agreement and incorporated it into a Court Order. 11. This agreement shall be construed under the laws of the Com~nonwea!th of Pennsylvania. 12. This agreement constitutes the entire understanding between the parties, and there are no covenants, representations, or agreement, oral or written of any nature whatsoever, other than those herein contained. IN WITNESS W~EREOF, the parties hereto have executed this Agreement the day and year first above written. WITNESS: Witness Witness PATRICK WAYNE GALLAGHER PATRICK WAYNE GALLAGHER, Plaintiff JANA MARGARET GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY ACTION O_RDER AND NOW, to wit this-- ~day of~ ~ , 2001, the attached Custody Agreement is hereby entered as a Court Order.