HomeMy WebLinkAbout94-04431
I
I
I
jl
$ \.
,
"
"-
'"
'1
\
\
"
"
"
I.
..
I'
Ii
I'
, 'I
, ,
"
I
,:'
t "
'- '1; ,j
~ "
., ,
I, , , ,
I
J "
ii
" , ,
I,
,.
- 'I
II, .,'
rf) ,
::t- ,
::( i I
I .,
,
I " " ,
,
i ,
.,
,
Ii:
.
I, .,
i'
parents jointly, after discussion and consultation with each other
and with a view towlIrdl.l obtaintng lInd following 1I harmonious policy
in the child's best interest.
(b) Each party agrees to keep the other informed of the
proqreu of the child's education and soc ia 1 adj ustments. Each
party agrees not to impair the other party's right to shared legal
or physical custody of the child. Each party agrees to give
support to the other in the role as parent and to take into account
the concerns of the other for the physical and emotional well-being
of the child.
(c) While in the presence of the child, neither parent
shall make or permit any other person to make any remarks or do
anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty
of each parent to uphold the other parent as one whom the child
should respect and love.
(d) It shall be the obligation of each parent to make
the child available to the other in accordance with the physical
custody schedule and to encourage her to participate in the plan
hereby agreed and ordered.
(e) Each parent shall have the duty to notify the other
of any event or activity that could reasonably be expected to be of
significant concern to the other parent.
2
(f) The parents shall communioate direotLy with one another
concerning any parenting issuo requiring consultation and
agreement and regarding any proposod modifications to the physicaL
oustody schedule, which may from time to time become necessary, and
shall specifically not use the child as a messenger. Furthermore,
until the child attains the age of ten (10) neither parent shall
discuss with the child any proposed changes to the physical custody
schedule/ or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the
other parent.
(g) With regard to any emergency decisions which must be
made, the parent with physical custody of the child at the time
shall be permitted to make the decision necessitated by the
emergency without consulting the other parent in advance. However,
the parent with physical custody making an emergency decision shall
inform the other of the emergency and consult with him/her as boon
as possible. Day-to-day decisions of a routine nature including
those relating to medical care shall be the responsibility of the
parent having physical custody at the time.
(h) Each parent shall be entitled to complete and full
information from any doctor, dentist, teacher or authority and have
copies of any reports given to them as a parent. Such documents
include, but are not limited to, medical reports, academic and
school report cards, birth certificates, etc. Both parents may and
3
are encouraged to attend school conferences and activities. The
Father's name shall be listed with the school as the alternative
parent to be contacted in the event of en emergency and to be
notified regarding school events. However, it will be Mother's
primary responsibility to provide Father with copies of report
cards end all notifications of major school events.
(i) Neither parent shall schedule activities or
appointments for the child which would require their attendance or
participation at said activity or appointment during a time when
they are scheduled to be in the physical custorjy of the other
parent without that parent's express prior approval.
(j) The parties hereby acknowledge that they have
discussed and jointly made the following decisionsl
1. The parties agree that Jones Daley and Coldren
will be the child's pediatrician and accordingly, will provide
medical treatment to the child when necessary.
2, The parties acknowledge that the child's
legal name is Ariana Nicols Say tar and that she shall be known
by this name for all purposes, The parties agree that they
will instruct their respective families and friends that the
child should not be referred to by any other name.
4
3. The parents acknowledge that they each expeot
the ohild to attend college and if she is a good student
with a nigh probability of gainin~ entrance and sucoeeding
in oolleg~. The parties agree that they shall each be
aotively involved in the selection of an appropriate
post-high school education for the child and that the
choice of any college or institution shall be mutually agreed
upon by Father, Mother and the child, taking into
oonsideration the parents' then financial ability and eoonomic
circumstances, and the child's needs, desires, talents and
aptitudes for post-high school education.
II. PHYSICAL CUSTODY
The parents shall share physical custody of the child.
Mother shall have primary physical custody, Father shall have
partial custody as periodically determined by mutual agreement.
Failing mutual agreement to the contrary, the following schedule
shall apply 1
From Aoe l - 21
a. From Saturday at 12100 noon until 4100 p.m.
b. Every Wednesday from 5100 p.m. to 7100 p.m.
From Age 2 to 31
c. From Saturday at 12100 noon to sunday at
12100 noon.
d. Every Wednesday from 5100 p.m. to 8100 p.m.
5
~fter AQe 31
e. Alternating W$ekends from Friday at 6100 p.m.
until sunday at 6100 p.m.
~OLID~YSI
f. ChristmaB Pay 1994 with Fathor from 12100 poon until
6100 p.m.
9' Thanksgiving Day 1994 with Father from 12100 noon
to until 6tOO p.m.
h. Easter 1995 with Father and with Father in odd
in odd years thereafter.
i. Fourth of July from 9100 a.m. until 7100 p.m.
with Mother in even years and with Fathsr in odd
years.
j. Father's day weekend from 6tOO p.m. Friday
until 7100 p.m. sunday with Father every year.
k. Mother's Pay weekend from 6:00 p.m. Friday until
sunday at 7100 p.m. with Mother every year.
1. Memorial pay weekend including Memorial Day from
Friday at 6:00 p.m, until Monday at 7tOO p.m.
m. Labor Day weskend including Labor Day from Friday
at 6100 p.m. until Monday at 7:00 p.m. with Mother
every year.
n. With respect to President's Day/ Columbus Day
and Veteran's Day, if this holiday is a Monday
the parent having physical custody of the
6
child during the immediately preceding woekend
shall have the holiday until 7100 p.m.
o. mach parent shall have physical custody of the child
for att$ndance at family funorale and weddings with
reasonable notice to the other parent.
IV. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone
access between the chi ld and both parents. The parents are
encouraged to place telephone calle to the child between 5100 p.m.
and 7100 p.m. so as not to interfere with dinner or bedtime. The
child shall be permitted free aecp-ss to place calls to her parents
at any time she desires.
V. RELOCATION
The parties have negotiated the custody and partial custody
portions of this Agreement based upon existing circumstances, and
in particular, based upon Wife's and Husband's current residences
in Cumberland County, Pennsylvania. If either parent desires to
eatablish a residence more than twenty-five (25) miles from his or
her present residence, he or she shall give the other parent at
least ninety (90) days written notice in advance of the proposed
move, in order to give the parties the opportunity to confer, prior
to the relocation, and to establish a mutually satisfactory
7