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HomeMy WebLinkAbout2016-00825 Bowman SHANNON C. BOWMAN, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No. 2016-00825 CIVIL TERM : JON S. BOWMAN : Defendant : CUSTODY ORDER OF COURT CHANGE 4 AMENDED CUSTODY ORDER AND PARENTING PLAN (Changes in bold and underlined) th AND NOW, this 27 day of January, 2022, after a trial regarding the above- captioned parents’ physical and legal custodial responsibilities of their minor child, I.W.B. (YOB 2014)(“Child”) it is hereby ORDERED AND DECREED, that all previous Orders are SUPERSEDED, and in Child’s best interest, that the Parenting Plan shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for Child. a. Major parental decisions concerning Child, including, but not limited to, Child’s health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in Child’s best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. With regard to non-scheduled doctor’s appointments, the custodial parent shall text the other parent as soon as practicable, and if no response is received within 10 minutes, the custodial parent shall call the other parent prior to seeking treatment. If the other parent does not answer, the calling parent shall leave a courteous voicemail explaining the situation in brief. c. The parents shall have the right to access Child’s medical, dental, religious and school records, the address of Child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Child’s schools, physicians, Page 1 of 12 dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning Child’s progress and welfare. e. Both parents shall arrange for Child’s school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the Child’s development, and mutually share those items as fully as possible. The parents shall post Child’s school and activity information on Our Family Wizard. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: Child’s enrollment or termination in a particular school or school program, advancing or holding Child back in school, authorizing enrollment in college, authorizing their Child’s driver’s license or purchase of an automobile, authorizing employment, authorizing minor Child’s marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. All communication shall be through Our Family Wizard, unless otherwise mutually agreed upon by the parties. g. Neither parent shall impair the other parent’s rights and responsibilities for their shared legal custodial responsibilities for Child. h. Both parents shall download and maintain the “Our Family Wizard” app. Each parent is responsible for his/her own costs of using the app. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules through Our Family Wizard. This is not intended to be an exclusive means of communication, but rather a means for coordinating non-pressing, routine matters, and as a means for record keeping. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 15 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of Child from the other parent or the other parent’s extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating Child’s affections from the other parent as well as the other parent’s extended family. b. The parents shall establish a No-Conflict Zone for Child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of Child and to the extent possible, shall not permit third parties from making such comments in the presence of Child while in their physical custody, whether they are sleeping, awake or in another room. Page 2 of 12 c. It shall be the duty of each parent to uphold the other parent as one Child should respect and love. The parents should be especially mindful of this during periods of transition. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging Child to provide reports about the other party. Communication should always take place directly between parents, without using Child or others as an intermediary or spy on the other parent. It is harmful to Child to be put in the role of a spy. f. The parents shall not conduct arguments or heated conversation when they are together in the presence of Child. g. It is in Child’s best interest for the parents and all adults to understand that Child is trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. h. At all times, the parents shall consider Child’s best interests and act accordingly. As the parents realize, the Child is bright and attentive and may absorb any latent hostilities between the parties. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for Child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a “no conflict zone,” abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. Parents should be encouraging during exchanges. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Parents shall be cognizant of both each other’s privacy and any need for consultation as outlined in paragraph 1A of this Order. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility of Child at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of Child’s serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. Page 3 of 12 f. If Child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of Child’s recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for Child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of Child, and shall appropriately notify the other parent of any changes in health or educational progress. h. The custodial parent shall contact the non-custodial parent to inform him/her if Child is absent from school for any reason on that parent’s custodial day. i. Each parent shall promptly notify the other parent of, and invite him or her to, major events in Child’s life, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. All activities and events shall be added to the calendar in Our Family Wizard. Added events shall not supersede a parent’s normally scheduled custodial time, but may be used as a coordination tool for mutually agreed upon deviations from the schedule with appropriate allowance for make- up time. j. Except on the days when there is a custody exchange, the custodial parent shall ensure that Child video chats with the non-custodial parent once every night between the hours of 6:00 p.m. and 6:45 p.m. The custodial parent will send a text message to the non-custodial parent within 15 minutes of Child initiating the video chat. The call must be initiated by 6:30 p.m. and end by 6:45 p.m. If the non-custodial parent does not respond to the text message or answer the call and does not return the call prior to 6:45 p.m., the non-custodial parent will forfeit the video chat for that evening. Neither parent shall be permitted to record the video chat for any reason. The custodial parent shall give Child and non-custodial parent reasonable privacy during the call. All video chats shall be conducted via Zoom video conferencing. Father shall be cognizant and conscientious work schedule and limited break time. k. Each parent should promptly and politely respond to the other parent’s telephone calls, text messages, faxes and emails regarding Child. To the extent possible, all communication shall be sent through Our Family Wizard. l. If one parent will be late for a physical custodial exchange due to unforeseen circumstances, they shall call or text the other parent as soon as possible. Page 4 of 12 m. If the other parent is not available to assume custody of Child, the party assuming custody on behalf of that parent shall be a person known to the relinquishing parent. Any deviations from persons known shall be communicated to the other parent. n. If the custodial parent intends to travel overnight, whether out of state or not, with Child during his/her custodial period, outside of a scheduled vacation, the custodial parent shall give the non-custodial parent no less than 24 hours’ notice and provide the non-custodial parent with an address and phone number where Child can be reached. The phone number may be the custodial parent’s cellphone number; the address must be a real address. If the custodial parent decides to cancel a previously planned trip, that parent shall notify the non-custodial parent so that the non-custodial parent is aware of where Child will be while in the other parent’s custody. o. If the Child is required by his school district to return to virtual schooling, the custodial parent shall be the party responsible for supervising Child’s virtual schooling. The custodial parent shall be physically present in the home with Child while supervising Child’s virtual school. If the custodial parent is unavailable to supervise virtual school, the noncustodial parent is granted the right of first refusal as to supervision of virtual school only. If the noncustodial parent is available to supervise Child’s virtual schooling, the custodial parent shall drop Child off at noncustodial parent’s house prior to the start of virtual school and shall pick up Child from noncustodial parent’s house after virtual school ends for the day. If the noncustodial parent is also unavailable to supervise virtual school while the custodial parent is unavailable, the custodial parent may relinquish the supervisory role to either Janna Williams or Child’s Maternal Grandparents. p. If Child is exposed to or is diagnosed with COVID-19, and he is required to quarantine, it shall be the decision of the receiving parent whether to exchange custody. The relinquishing parent shall not withhold custody for any reason related to COVID-19. 4. Physical Custodial Responsibility Schedule: a. The parties shall share physical custody of Child on a 2-2-5-5 schedule, where Father has physical custody on Monday and Tuesday overnights, Mother has physical custody on Wednesday and Thursday overnights, and the parties alternate physical custody Friday through Sunday. The 14-day schedule is outlined as follows: i) Days 1 through 4: Father shall exercise physical custody of Child from Monday at school pickup (or 4:00 p.m. if there is no school), until Wednesday drop off at school (or 4:00 p.m. if there is no school). Mother shall exercise physical custody of Child from Wednesday at Page 5 of 12 school pickup (or 4:00 p.m. if there is no school) until Friday drop off at school (or 4:00 p.m. if there is no school). ii) Days 5 through 14: Father shall have physical custody of Child from Friday at school pickup (or 4:00 p.m. if there is no school) until Wednesday at school drop off (or 4:00 p.m. if there is no school). Mother shall have physical custody of Child from Wednesday at school pick up (or 4:00 p.m. if there is no school) until Monday at school drop off (or 4:00 p.m. if there is no school). iii) Such additional times as the parents can agree. iv) On the days that custody is not exchanged at school, the parties shall exchange custody at relinquishing parent’s house. v) For purposes of this paragraph “after school” shall mean the time that physical school has dismissed for the day, half day or not, according to the policies and calendar of West Shore School District. Virtual or distance learning shall be considered to end at the 4 p.m. per paragraphs i and ii above. vi) Examples: (1) On exchange day where Child has physical school, Parent A drops off at school, Parent B picks up from school whether it is 3:30 p.m. or a scheduled half-day at 1:30 p.m. (2) On Exchange day where Child has no physical or virtual school, Parent B picks child up from Parent A’s residence at 4 p.m. (3) On exchange day where Child has virtual/distance learning, Parent A retains custody and supervises distance learning until 4 p.m. whereupon Parent B picks Child up from Parent A’s residence. b. School Holidays and Teacher In-Service Days: Long weekends due to school holidays including but not limited to Martin Luther King Day, President’s Day and Columbus Day shall be per the schedule as the 4:00 non- school-day exchange time provides for a shared holiday. Page 6 of 12 c. Vacation: i) Each parent shall be allowed to select an exclusive uninterrupted 1-week vacation time period with Child. The vacation shall encompass the parent’s regularly scheduled weekend, and will commence at 4:00 p.m. on the first day and end at 4:00 p.m. on the last day. The vacation shall not be taken over the other parent’s regularly scheduled weekend, and no combination of vacation and scheduled custodial days shall last more than 9 overnight periods. The vacation shall not be taken over the other parent’s scheduled holiday. ii) Notice: The parent shall give notice to the other parent at least 30 days prior to the vacation. “Notice,” for the purposes of vacation only, is defined as a communication sent via Our Family Wizard to the other parent regarding the dates of the vacation for planning purposes. The travel itinerary, flight information (if any), and address and phone number of where Child will be staying during the vacation, shall be provided to the other parent as soon as reasonably possible, but in any event, no later than one week prior to the scheduled departure date. As noted in Paragraph 3(n) above, the phone number may be the custodial parent’s cellphone number; the address must be a real address, if available, or a latitude and longitude if no real address is available. d. Holidays: The holiday schedule as attached in Exhibit B shall take priority over the regular custody schedule. 5. General Custodial Schedule Provisions: a. The parents may permanently revise this schedule upon joint petition to the Court. Any temporary deviations are acceptable upon mutual agreement of the parties. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. Again, such temporary deviations may be made upon such mutual agreement. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. Page 7 of 12 d. If either parent or Child has plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of Child. Again, deviations from the schedule are acceptable if mutually agreeable by the parties. e. Child should be consulted as to his schedule when appropriate. f. If a parent is unable to keep an appointed exchange time or other appointment for Child, they should give immediate notice to the other parent, so as to avoid subjecting Child to unnecessary apprehension and failure of expectations. g. The parent relinquishing physical custodial responsibility should prepare Child both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. Parents should encourage a positive transfer. 6. Transportation: Both parents shall ensure that Child uses appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. The parties shall obey all child safety seat instructions and height and weight requirements, both issued by the manufacturer of the seat and in accordance with 75 Pa.C.S.A. § 4581. 7. Extracurricular Activities: a. The parents shall organize ways for Child to maintain his friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. In essence, Child should have one set of friends to the extent possible. b. Each parent shall provide the other with at least 72 hours advance notice of school or other activities and two weeks’ or greater advance notice whenever possible. All activities and events shall be added to the calendar in Our Family Wizard. c. Both parents shall honor and be supportive of the extracurricular activities in which Child wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for Child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of Child, each parent will make certain that Child attends his extracurricular activities and transport Child on time to and from games, practices Page 8 of 12 and any activities that are scheduled so that he is able to participate in those events. f. Religious Education Classes: The parents agree that Child shall participate in religious education classes through Mother’s church on Wednesday evenings. For the 2021-2022 school year only, Child shall be permitted to attend the scheduled events related to the First Reconciliation and First Eucharist Sacraments on the following Saturdays, regardless of which parent has physical custody – March 12, 2022, May 7, 2022, and May 14, 2022. The custodial parent shall transport Child to and from these events. While not required by this Order, it is encouraged that both parents attend these events as a show of support to Child. g. Haircuts: The schedule for Child’s haircuts is attached hereto as Exhibit C. In no event shall Child receive a haircut earlier than 6 weeks after his last haircut or later than 8 weeks after his last haircut. The exact day of the appointment shall be posted to the calendar in Our Family Wizard. Child shall be given reasonable input as to the cut and style of his hair. The parents shall consult each other at least a week prior to making a drastic change to Child’s hair (i.e. dying it, shaving it off, or letting it grow long). 8. Child’s Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are Child’s property, not the parents’, entitling the toys or clothes to be taken by Child and back with the Child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support Child’s access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be encouraged by both parents. Any deviations from the schedule shall be mutually agreed upon by the parties, with consideration given to make-up time. 10. Child-Care Providers: a. The custodial parent shall determine who will provide short-term child care during that parent’s custodial time, except with regard to the 1 supervision of Child’s virtual schooling. Each parent shall exercise care in responsibly choosing babysitting/child-care providers. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where Child may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. 1 See ¶ 3(o), supra. Page 9 of 12 b. Should either parent have Child spend an overnight without the custodial parent at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number where Child may be contacted. For example, an overnight at friend’s house, but not a family member. 11. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs, the visit may be considered forfeited on those grounds alone. 12. Relocation: a. A parent proposing to change the residence of a child which significantly impairs the ability of a non-relocating parent to exercise custodial rights shall follow the procedures required by 23 Pa.C.S. § 5337 and Pa.R.C.P. No. 1915.17 as set forth in Exhibit A attached to this Custody Order/Parenting Plan. b. A parent who wishes to relocate to another residence that does not significantly impair the ability of a non-relocating parent to exercise custodial rights shall give the non-relocating parent 30 days’ notice prior relocating. 13. Counseling: a. The parents are highly encouraged to enroll in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. Child shall continue with play therapy, either with his current play therapist, Pamela Moran, or with another play therapist as agreed to by the parties. If the parties cannot agree upon a play therapist, the parties may petition the Court to assign a play therapist to Child. In that event, Child shall continue to see Pamela Moran until further Order of Court. No parent shall discontinue Child’s therapy without leave of Court. 14. Parenting Coordinator: Page 10 of 12 a. Lori K. Seratelli, Esquire shall continue to serve as the parenting coordinator in this matter. The parties shall equally bear the cost of the parenting coordinator. b. The parenting coordinator shall attempt to resolve issue arising out of this Custody Order by facilitating an agreement between the parents and, if unable to reach an agreement, where necessary recommend a resolution to the Court. c. The parents shall consult with the Parenting Coordinator prior to filing a petition for modification or contempt with the Court. 15. Modifications or Disputes about this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents by joint petition to the Court. Temporary deviations from the schedule may be mutually agreed upon by the parties. b. Both parents shall use their best efforts to engage in joint decision- making with respect to Child. c. In the event the parents are unable to reach an agreement, they shall consult with the Parenting Coordinator. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months’ incarceration and could constitute grounds for modification of the legal and physical custody provisions in this Order. c. The Court and the parties, agree that no order can cover every contingency. The parties shall use good faith efforts when interpreting this Order. 17. This Order shall supersede all prior Orders of Court and shall take effect on Monday, February 7, 2022. 18. Judicial Intent and Interpretation: In all matters affecting this Order, it is the best interest of the child that is paramount. It is a judicial finding that it is in the best interest of the child to minimize transitions, keep a set schedule, and reduce discretionary or optional terms. Until such time as parents can build trust, they shall endeavor to adhere Page 11 of 12 as close as possible to the Order. Unilateral modifications or deviations, however well- intentioned or “justified” in the eye of the beholder, create friction between the parents which in turn is absorbed by the child. Any modifications or deviations shall be closely scrutinized. Requests for modifications, deviations, special relief, and/or contempt should be carefully considered, reasonable, and supported by evidence. BY THE COURT: Matthew P. Smith, J. Tabetha A. Tanner, Esq. 2145 Market Street Camp Hill, PA 17011 Todd M. Mosser, Esq. th 448 N. 10 Street, Suite 502 Philadelphia, PA 19123 Lori K. Seratelli, Esq. 2080 Liglestown Road, Suite 201 Harrisburg, PA 17110 Gail Guida Souders, Esq. 111 Locust Street Harrisburg, PA 17101 Page 12 of 12