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HomeMy WebLinkAbout02-1497 CivilRACHEL BUSER, Plaintiff VS. CHAD K. BUSER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1497 CIVIL CIVIL ACTION - LAW CUSTODY ORDER day of May, 2003, after hearing, regarding Rachel Buser (hereinafter referred to as Mother) and Chad K. Buser (hereinafter referred to as Father), pertaining to their minor child, Anna E. Buser, born January 14, 2000 (hereinafter referred to as the Child), it is hereby ordered and decreed as follows: A. Legal Custody: The parents shall share and have joint legal custody of the child. Pursuant to the foregoing, the following shall apply: 1. Access to Information: Each parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the child, and pursuant thereto each parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the child so that informed decisions can be made. 2. Communication: Each parent shall permit and encourage communication by the other parent with doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel regarding said child's health, education and welfare. 3. Major Decisions: All major non-emergency decisions affecting the child's health, education, religion and general well being shall be made jointly by the parents. Major decisions shall include, but not be limited to: a. Non-emergency major medical decisions including medical, medications, dental, orthodontic, optical, psychological, psychiatric, elective surgery, and the like; b. Selection of or change in health care providers and counselors or therapists; c. Selection or change of residence outside of Cumberland County; d. Selection of or change in school to be attended; e. Selection of religion and religious training; and f. General welfare decisions, such as acquisition of passport, changing of name, signing of contracts on behalf of said child, signing of drivers license, signing of working papers, and the like. 4. Non-Major Decisions: Non-major decisions involving the child's day to day living shall be made by the parent then having custody, but to the extent possible, the parents shall attempt to make such rules and follow such schedules as would provide the child with continuity regardless of the then existing custodial parent. 5. Emergency Decisions: Emergency decisions regarding the child shall be made by the parent then having physical custody, but that parent shall communicate to the other parent the nature and extent of the emergency and shall provide that other parent with all information pertaining to the treatment so that the other parent may be involved in the decision making process at the earliest possible time. 2 6. Information Exchange: Each parent shall provide the other parent with information concerning the well being of the child including, but not limited to, the child's report cards, school meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic tests, notices of activities, order forms for school pictures, communications from health care providers and the like within five (5) days of receiving such information. 7. Copies of Documents: Upon receipt by a parent, copies of the child's school schedules, special events notifications, report cards and the like shall be provided to the other parent. Each parent shall share with the other parent any other information and documents, or copies thereof, that each parent possesses regarding the child within such reasonable time as to make the records and information of reasonable use to the other parent. 8. Notice of Activities: Each parent shall provide the other parent with at least forty-eight (48) hours advance notice of school or other extracurricular activities. 9. School Absences: The custodial parent shall notify the other parent of all school absences and the reason for such absences within forty-eight (48) hours of any occurrence. 10. Appointments: The parent arranging any non-emergency medical, dental, optical, psychological appointments and/or treatments for the child shall notify the other parent within three (3) days of the scheduling of the appointment and at least forty-eight (48) hours prior to any such appointment. 3 11. Mail: Each parent, upon receipt of mail or packages addressed to the child from the other parent or any member of the other parent's family, shall see to it that such unopened mail or packages are immediately given to the child. 12. Residence Address: Each parent shall at all times provide the other parent with his or her residence/home address where the child can be reached when in that parent's custody. If either parent intends on relocating from his or her current residence, or any other residence hereafter established, regardless of its location and/or any requirement to obtain court approval as herein provided or otherwise required by law, upon making a determination to relocate, but in no event any later than sixty (60) days prior to such intended relocation, the relocating parent shall provide the other parent with any and all information regarding that intended relocation including, but not limited to, the new address, the reasons for relocation, the intended date of relocation, the persons to comprise the household in the new residence, and information regarding school, church, physicians and other health care providers that the relocating parent intends to use after that relocation. 13. Telephone Contact: Both parents shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her phone number where the child can be reached when in that parent's custody. Each parent, step-parent, or live-in mate shall not unreasonably interfere with the child's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension telephone. 4 Each parent shall see that the child calls the other parent upon receipt of any phone message requesting such a return call. 14. No Derogatory_ Comments: Neither parent will undertake, or permit by any other person, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other parent or extended family members. Neither party shall attempt, or condone any attempt, directly or indirectly, to estrange the child from the other parent. At all times each parent shall encourage and foster in the child a sincere respect and affection for the other parent. 15. No Discussion: Neither parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the child. Neither parent shall discuss any pending legal action involving the parents with the child. Neither parent shall utilize the child for purposes of conveying information or inquiries pertaining to the child and/or any pending legal action to the other parent. 16. Temporary Absence from Commonwealth: If either parent intends on removing the child from his or her residence for a period in excess of forty-eight (48) hours, that parent shall provide the other parent with the address and phone number where the child can be reached during the period of absence. 17. Relocation: Neither parent shall remove the child from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on a permanent basis without first obtaining the other parent's written consent or a court order approving said relocation. B. Physical Custody: The following shall apply regarding physical custody of the child: 1. Shared Custody: The parties shall have joint physical custody of the child, subject to the custody schedule hereafter set forth. 2. Weekly Schedule: The parties shall share custody on a rotating two (2) week basis in accordance with the following schedule which the court understands to be the current arrangement: Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday No. Nights 1 Father Father Custody Mother Mother Custody Father F 4 all day all day1 transfers to all day all day transfers all day M 3 Mother to 7:30 to Father 8:00 a.m. 9:00 a.m. 2 Father Father Custody Mother Mother Mother Custody F 3 all day all day2 transfers to all day all day all day transfers M 4 Mother to 7:30 to Father 8:00 a.m. 9:00 a.m. 3. Holidays/Special Days: Custody for major holidays and special days shall be in accordance with the following schedule: Mother has child in the a.m. until Father returns from work. Mother has child in the a.m. until Father returns from work. 6 HOLIDAYS TIMES EVEN YEARS ODD YEARS Easter Sunday before Easter Mother Father Day at 5:00 p.m. until Easter Memorial Day Sunday before Father Mother Memorial Day at 5:00 p.m. until Memorial Day at 7:00 p.m. Independence Day 8:00 a.m. until 7:00 Mother Father 3 Observed p.m. Labor Day Sunday before Labor Father Mother Day at 5:00 p.m. until Labor Day at 7:00 p.m. Thanksgiving Day Wednesday before Mother Father Thanksgiving Day at 5:00 p.m. until Thanksgiving Day at 7:00 p.m. Christmas 1st Half 12/24 at 8:00 a.m. Father Mother until 12/25 at 2:00 p.m. Christmas 2nd Half 12/25 at 2:00 p.m. Mother Father until 12/26 at 7:00 p.m. Mother's Day Saturday before Mother Mother Mother's Day at 5:00 p.m. until Mother's Day at 7:00 p.m. Father's Day Saturday before Father Father Father's Day at 5:00 p.m. until Father's Day at 7:00 p.m. a. No Interruption: In the event a parent is to have custody on a holiday that immediately precedes or follows his or her other custodial period, that parent ~ If the parent entitled to this holiday is taking the child to the fireworks, this period shall be extended until after the fireworks. 7 shall have custody of the child without interruption between the holiday and the other custodial period. 4. Summer Vacation Time: Each parent shall be entitled to two (2) uninterrupted weeks of custody of the children which weeks shall not be consecutive and shall, to the extent possible, encompass the selecting parent's regular weekend custodial period. Each parent must provide the other with at least thirty (30) days advance notice of his or her intention to exercise these custodial weeks. In the event a conflict should arise between the selection of said weeks, the first parent to notify the other parent of his or her selection shall have the right to exercise custody on the weeks selected and the other parent shall select other times for his or her weeks so as to avoid any conflicts. 5. Modification: The parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the parents for any such modifications. 6. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 7. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the parents. The parent receiving custody of the child shall provide the transportation for that custodial exchange. 8. Unavailability: In the vent either parent is going to be out of town or is otherwise unavailable to exercise his or her custodial periods, that parem shall notify the other parem of that unavailability, and the other parem shall be provided with the opportunity to have custody for the period of unavailability. The foregoing notwithstanding, this provision shall not apply to father's Monday custodial times when the child is in the care of the paternal grandmother. BY THE COURT, Austin F. Grogan, Esquire For the Plaimiff Diane Radcliff, Esquire For the Defendam :rim Kevin A. Hess, J. 9