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HomeMy WebLinkAbout2020-06184 ERIKA HOPE SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 2020-6184 CIVIL ACTION LAW : MICAH AARON PARSONS, : Defendant : IN CUSTODY CUSTODY ORDER AND NOW this 13th day of December, 2023, after hearing in the above captioned action, the following custody orderis being entered simultaneously withthe opinion issued on this same date. 1. Legal Custody. Father, Micha A. Parsons, and Mother, Erika H Smith, shall have shared legal custody of the Minor Child, M.P. (D.O.B. 5/1/2018). The parties shall make all major non-emergency decisions effecting M.P.’s general well-being, including, but not limited to, all decisions regarding his physical and mental health, education, and religion together after discussion and consultation with each other, with a view toward obtaining and following a harmonious policyin M.P.’s best interests. Neither parent shall impair the other parent’s rights to shared legal custody of M.P. Each parent shall notify the other of any activity of circumstance concerning M.P. that could reasonably be expected to be of concern to the other. Pursuant to the terms of 23 Pa.C.S. § 5336, each parent shall be entitled to all records and information pertaining to M.P., including, but not limited to, medical, dental, religious, or school records, and the residence address of M.P. To the extent one parent has possession of any such records or information, that 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 tothe other parent. Each party shall have the right to participate fully in M.P. 's school activities, parent's nights, and teacher's meetings (in person or virtually), and arrangements will be made for all school notices and information to be sent to both parties. With regard to any emergency decisions which must be made, the parent having physical custody of M.P. at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with her or him as soon as possible. M.P. shall remain enrolled in kindergarten in atChildren’s Garden for the 2023-2024 school year and shall be immediately disenrolled from Preston Creek Montessori School. M.P. shall be enrolled in kindergarten in the Cumberland Valley School District for the 2024-2025 school year and remain enrolled in this District unless otherwise agreed by the parents in writing or by further Order of Court. 2. Physical Custody. Mother shall have primary physical custody subject to Father’s periods of partial physical custody as outlined below: a. 2023-2024 School Year. Father may have physical custody of M.P. for a minimum 1 of one week each month, which may be exercised in Pennsylvania or Texas. (See Paragraph 3). During these periods of custody, Father shall ensure that M.P. completes his "homework" provided by his kindergarten teacher. These provisions supersede the provisions found in Paragraphs c. and d. below, which shall apply to all future school years absent modification. b. Summer. Father shall have physical custody of M.P. beginning on the Sunday following M.P.’s last day of school. Father’s custodial time shall conclude one week following the start of Father’s Training Camp. Mother shall have the option 1 Anytime in this Order where Father is permitted to exercise custody in Texas, Father may exercise custody elsewhere if he gives Mother advance notice where he and M.P. will be staying. of exercising one custodial weekend in Texasduring Father’s summer block of custody from Friday until Sunday. (See Paragraph 3). Mother shall be financially responsible for her transportation for her optional summer custodial weekend. Father shall be financially responsible for Mother and M.P.’s lodging in Texas. 2 c. Football Season, School Year. Father shall have custody of M.P. during Father’s bye week from Friday until Sunday. (See Paragraph 3). Mother should liberally allowFather additional periods of custody with M.P. if Father has availability and provides the proper notice. (See Paragraph 3). All periods of custody will occur in Pennsylvania unless M.P. has a minimum of a four-day weekend with no school, then Father may exercise that period of custody in Texas. 3 d. Off Season, School Year. Father may exercise physical custody of M.P. for up to fourteen days in any given month; these days do not need to be exercised consecutively. (See Paragraph 3). All periods of custody will occur in Pennsylvania unless M.P. has a minimum of a four-day weekend with no school, then Father may exercise that period of custody in Texas. 3. Communication Regarding Physical Custody Dates. If one parent is entitled to, or requesting, custodial time while M.P. is principally with the other parent, the parent seeking custodial time shall provide twenty-onedays advance written notice of the custodial dates, including the approximate pickup and return times. If less than twenty-one days advance written 2 Father is employed as a professional football player in the National Football League ("NFL"). The "Football Season" shall be defined as beginning seven days after the date that Father's team is required to report to training camp at the beginning of a given season and end the day Father's team plays its final game of the season (including playoff games/Super Bowl). 3 The “Off Season” shall be defined as beginning on the day after Father's team plays its final game of the season (including playoff games/Super Bowl) and end six days after Father’s team is required to report to training camp at the beginning of a given season. notice is given, the party with custody is encouraged, but not required, to still allow the requested custodial time. 4. Holidays. a. Thanksgiving. Father shall have custody of M.P. during Thanksgiving every year from the conclusion of school before the holiday and concluding on the day immediately preceding the resumption of school after the holiday. Father may exercise his Thanksgiving custodial period in Texas. b. Christmas. In odd numbered years, Father shall have custody of M.P. for the entirety of M.P.’s winter break from school, commencing on the day immediately following the last day of school prior to the winter break and concluding on the day immediately preceding the resumption of school following winter break. In even numbered years, Father’s custodial period shall begin on December 27th and conclude on the day immediately preceding the resumption of school following winter break. In even numbered years, Mother shall have custody of M.P. from the beginning of winter break until December 27th. Father may exercise his Christmas custodial period in Texas. c. Spring Break. Father shall have custody of M.P. during Spring Break every year from the conclusion of school before the break and concluding on the day immediately preceding the resumption of school after the break and may exercise the custodial period in Texas. Spring Break shall supersede the Easter holiday if there is a conflict. d. Easter. Father shall have custody of M.P.on Easter every yearfrom the conclusion of school before the holiday and concluding on the day immediately preceding the resumption of school after the holiday. This period of custody will occur in Pennsylvania unless M.P. has a minimum of a four-day weekend with no school, then Father may exercise that period of custody in Texas. e. M.P.’s Birthday. Father shall have the option to exercise custody of M.P. the weekend which encompasses or immediately follows M.P.’s birthday. Father’s optional custodial time shall begin on Friday and shall conclude on Sunday. This period of custody will occur in Pennsylvania unless M.P. has a minimum of a four-day weekend with no school, then Father may exercise that period of custody in Texas. 5. Vacation. Each parent shall be entitled to seven-day period of vacation with M.P. provided proper notice pursuant to Paragraph 3 is given. The vacation period may not overlap with a holiday period assigned to the other parent. 6. Transportation. If Father ever intends to exercise custody outside of Pennsylvania, he shall purchase the flight tickets in advance of the custodial period. Father shall be responsible for additional luggage fees for M.P. The parties will coordinate the time and airport which is the most convenient. 7. Non-Custodial Parent’s Contact with the Minor Child. M.P. and the non-custodial parent shall be allowed reasonable phone access via telephone/Skype/Facetime or other means of communication at reasonable times prior to 8:00 p.m. and for reasonable durations. 8. No Disparaging Remarks. Neither party may say or do anything, nor permit a third party to do or say anything, that may estrange M.P. from the other party, injure the opinion of M.P. as to the other party, or may hamper the free and natural development of M.P.’s love or affection for the other party. To the best extent possible, both parties shall not allow third parties to disparage the other parent in the presence of M.P. The parties are to limit their disparaging remarks of the other parent to third parties, particularly on public social media platforms. No parent or caregiver of M.P. shall block the parents from communication. Mother and Father will encourage a positive relationship between M.P. and the other parent. 9. Excessive Alcohol, Illegal Substances, Prescription Drugs. Neither parent shall possess or use any illegal substances or abuse prescription drugs, nor shall they consume alcoholic beverages to the point of intoxication, within twelve hours prior to or during their periods of physical custody with M.P. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 10. Additional Provisions. a. Terrance Parsons, Jr. shall not be alone with M.P. b. M.P. must take medication as prescribed by his medical providers. c. Mother shall change M.P.' s Instagram account to a private setting. d. The parents shall share an electronic calendar that Mother shall update with M.P.' s scheduled activities and school calendar. Father should update calendar to confirm his periods of custody (advanced written notice would still be required) as well as provide flight times and details. e. Both parents are encouraged to permit contact between M.P. and maternal/paternal extended family, both in person and via electronic communication. f.The parents are encouraged to schedule and hold a once-a-weekphone call for the custodial parent to update the other parent on M.P. and address any concerns, questions, or upcoming custodial changes. g.The parents shall communicate directly with M.P.’s therapist as directed by the therapist to discuss how to provide consistent parenting techniques across both households beneficial for M.P.’s emotional well-being. h.During his periods of custody in Pennsylvania, Father must ensure that M.P. attends his regularly scheduled activities, including school, sporting events, and social events. 11.Relocation. Neither party shall hereafter relocate the child if such relocation will significantly impair the ability of the non-relocating party to exercise his or her rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by Pa.C.S. § 5337 and Pennsylvania Rule of Civil Procedure Rule 1915.17 as set forth in “Exhibit A” attached to this Custody Order. 12.Modification. This Order supersedes and replaces all prior Orders entered in this case. The parties may modify the provisions of this Order by written, mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, _______________ Carrie E. Hyams, J. EXHIBIT A Rule 1915.17. Relocation. Notice and Counter-Affidavit (a) A party proposing to change the residence of a child which significantly impairs the ability of a non- relocating party to exercise custodial rights must notify every other person who has custodial rights to the child and provide a counter-affidavit by which a person may agree or object. The form of the notice and counter-affidavit are set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later than the sixtieth day before the date of the proposed change of residence or other time frame set forth in 23 Pa.C.S. § 5337(c)(2). (b) If the other party objects to the proposed change in the child's residence, that party must serve the counter-affidavit on the party proposing the change by certified mail, return receipt requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4 within 30 days of receipt of the notice required in subdivision (a) above. If there is an existing child custody case, the objecting party also shall file the counter-affidavit with the court. (c) If no objection to a proposed change of a child's residence is timely served after notice, the proposing party may change the residence of the child and such shall not be co or rule. (d) The procedure in any relocation case shall be expedited. There shall be no requirement for parenting education or mediation prior to an expedited hearing before a judge. (e) If the party proposing the relocation seeks an order of court, has served a notice of proposed relocation as required by 23 Pa.C.S. § 5337, has not received notice of objection to the move and seeks confirmation of relocation, the party proposing the relocation shall file: (1) a complaint for custody and petition to confirm relocation, when no custody case exists, or (2) a petition to confirm relocation when there is an existing custody case and (3) a proposed order including the information set forth at 23 Pa.C.S. § 5337(c)(3). (f) If the party proposing the relocation has received notice of objection to the proposed move after serving a notice of proposed relocation as required by 23 Pa.C.S. § 5337 et seq., the party proposing relocation shall file: (1) a complaint for custody or petition for modification, as applicable; (2) a copy of the notice of proposed relocation served on the non-relocating party; (3) a copy of the counter-affidavit indicating objection to relocation; and (4) a request for a hearing. (g) If the non-relocating party has been served with a notice of proposed relocation and the party proposing relocation has not complied with subdivision (f) above, the non-relocating party may file: (1) a complaint for custody or petition for modification, as applicable; (2) a counter-affidavit as set forth in 23 Pa.C.S. § 5337(d)(1), and (3) a request for a hearing. (h) If a non-relocating party has not been served with a notice of proposed relocation and seeks an order of court preventing relocation, the non-relocating party shall file: (1) a complaint for custody or petition for modification, as applicable; (2) a statement of objection to relocation; and (3) a request for a hearing. (i) The notice of proposed relocation shall be substantially in the following form: NOTICE OF PROPOSED RELOCATION You, ________________, are hereby notified that ____________ (party proposing relocation) __________ proposes to relocate with the following minor child(ren): _____________________________________________________________________________________ To object to the proposed relocation, you must complete the attached counter-affidavit and serve it on the other party by certified mail, return receipt requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4 within 30 days of receipt of this notice. If there is an existing child custody case, you also must file the counter-affidavit with the court. If you do not object to the proposed relocation within 30 days, the party proposing relocation has the right to relocate and may petition the court to approve the proposed relocation and to modify any effective custody orders or agreements. FAILURE TO OBJECT WITHIN 30 DAYS WILL PREVENT YOU FROM OBJECTING TO THE RELOCATION ABSENT EXIGENT CIRCUMSTANCES. Address of the proposed new residence: ____________________________________________________________________________________ Check here if the address is confidential pursuant to 23 Pa.C.S. § 5336(b). Mailing address of intended new residence (if not the same as above) ____________________________________________________________________________________ Check here if the address is confidential pursuant to 23 Pa.C.S. § 5336(b). Names and ages of the individuals who intend to reside at the new residence: Name Age _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Check here if the information is confidential pursuant to 23 Pa.C.S. § 5336(b) or (c). Home telephone number of the new residence: Check here if the information is confidential pursuant to 23 Pa.C.S. § 5336(b) or (c). Name of the new school district and school the child(ren) will attend after relocation: _____________________________________________________________________________________ Check here if the information is confidential pursuant to 23 Pa.C.S. § 5336(b) or (c). Date of the proposed relocation: Check here if the information is confidential pursuant to 23 Pa.C.S. § 5336(b) or (c). Reasons for the proposed relocation: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Check here if the information is confidential pursuant to 23 Pa.C.S. § 5336(b) or (c). Proposed modification of custody schedule following relocation: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Other information: ____________________________________________________________________________________ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. (j) The counter-affidavit that must be served with the relocation notice shall be substantially in the following form as set forth in 23 Pa.C.S.§ 5337(d): COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child/children: Child's Name Age Currently residing at: _______________________________ ________ __________________________ Child's Name Age Currently residing at: _______________________________ ________ __________________________ Child's Name Age Currently residing at: _______________________________ ________ __________________________ I have received a notice of proposed relocation and (check all that apply): 1. I do not object to the relocation 2. I do not object to the modification of the custody order consistent with the proposal for modification set forth in the notice. 3. I do not object to the relocation, but I do object to modification of the custody order. 4. I plan to request that a hearing be scheduled by filing a request for hearing with the court: a. Prior to allowing (name of child/children) to relocate. b. After the child/children relocate. 5. I do object to the relocation. 6. I do object to the modification of the custody order. I understand that in addition to objecting to the relocation or modification of the custody order above, I must also serve this counter-affidavit on the other party by certified mail, return receipt requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4, and, if there is an existing custody case, I must file this counter-affidavit with the court. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I understand that I will not be able to object to the relocation at a later time. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). _______________ _______________________________ (Date) (Signature) Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.