PENNSYLVANIA CHILD CUSTODY & VISITATION AGREEMENT
(Parenting Plan & Custody Stipulation)
[// GUIDANCE: This template is drafted for use in the Commonwealth of Pennsylvania and is intended for filing with the Court of Common Pleas - Family Division. It fully incorporates the “best-interest” factors set out at 23 Pa. Cons. Stat. § 5328 and the relocation procedures under 23 Pa. Cons. Stat. § 5337. Customize bracketed fields and schedules before execution or court submission.]
TABLE OF CONTENTS
- Document Header............................................................. 1
- Definitions................................................................... 2
- Operative Provisions (Custody & Visitation)................................... 4
- Representations & Warranties.................................................. 9
- Covenants & Restrictions..................................................... 10
- Default & Remedies........................................................... 12
- Risk Allocation & Indemnification............................................ 13
- Dispute Resolution........................................................... 14
- General Provisions........................................................... 15
- Execution Block............................................................. 17
Page numbers are for convenience and should be adjusted after final drafting.
1. DOCUMENT HEADER
1.1 Title. Pennsylvania Child Custody & Visitation Agreement (the “Agreement”).
1.2 Parties.
(a) [FULL LEGAL NAME, address] (“Parent 1”).
(b) [FULL LEGAL NAME, address] (“Parent 2”).
1.3 Minor Child(ren). The parties are the natural or legal parents of the following minor child(ren) (each, a “Child,” and collectively, the “Children”):
• [Child’s Full Name], born [DOB]
• [Additional Child(ren)]
1.4 Effective Date. This Agreement becomes effective on the latest execution date set forth in Section 10 (the “Effective Date”) and, upon court approval, shall be incorporated but not merged into any final custody order.
1.5 Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the Pennsylvania Domestic Relations Code, 23 Pa. Cons. Stat. §§ 5321–5340 (the “Custody Act”). Exclusive jurisdiction and venue lie in the Court of Common Pleas, [County] County, Pennsylvania – Family Division (“Family Court”).
1.6 Recitals.
WHEREAS, the parties wish to establish a comprehensive plan allocating legal and physical custody of the Child(ren) in a manner consistent with the best interests of the Child(ren) as mandated by 23 Pa. Cons. Stat. § 5328; and
WHEREAS, the parties desire to minimize conflict, clarify parental rights and responsibilities, and provide stability and continuity for the Child(ren);
NOW, THEREFORE, in consideration of the mutual promises herein and intending to be legally bound, the parties agree as follows.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned by applicable Pennsylvania law.
“Agreement” has the meaning set forth in Section 1.1.
“Alternate Custodian” means any person authorized in writing by both Parents to exercise temporary physical custody.
“Best-Interest Factors” means the sixteen (16) statutory factors enumerated in 23 Pa. Cons. Stat. § 5328(a) as they may be amended.
“Court” or “Family Court” has the meaning set forth in Section 1.5.
“Custody Exchange Point” means the mutually agreed-upon location identified in Schedule 1 for the physical transfer of a Child.
“Holiday Schedule” means the allocation of custody during holidays as detailed in Schedule 2.
“Legal Custody” means the right to make major decisions affecting the Child(ren), including medical, educational, and religious determinations.
“Parenting Time” means any period during which a Parent has physical custody.
“Physical Custody” means actual physical possession and control of the Child(ren).
“Primary Residence” means the address set forth in Schedule 3 where the Child(ren) are deemed to reside for school enrollment and statutory purposes.
“Relocation” has the meaning provided in 23 Pa. Cons. Stat. § 5322(a), subject to the notice and consent provisions of § 5337.
“School Year” means the academic calendar published by the public school district in which the Primary Residence is located, unless otherwise agreed.
3. OPERATIVE PROVISIONS (CUSTODY & VISITATION)
3.1 Allocation of Legal Custody. The Parents shall share Joint Legal Custody. Major decisions require mutual consent after good-faith consultation.
3.2 Allocation of Physical Custody.
(a) Shared Physical Custody is established as follows:
i) Weekday Schedule: Parent 1 shall have Parenting Time from [Day/Time] to [Day/Time]; Parent 2 from [Day/Time] to [Day/Time].
ii) Weekend Schedule: Parenting Time shall alternate weekly commencing [first weekend after Effective Date].
iii) Mid-Week Dinner/Overnight: [Specify, if any].
(b) All transfers shall occur at the Custody Exchange Point unless otherwise agreed in writing.
3.3 Holiday Schedule. Holiday custody supersedes the regular weekly schedule. The parties adopt Schedule 2, which alternates major holidays on an even/odd-year rotation.
3.4 Vacation Parenting Time. Each Parent is entitled to up to [NUMBER] consecutive vacation days per calendar year upon at least [30] days’ written notice to the other Parent. Vacation time shall not unreasonably interfere with the other Parent’s holiday custody.
3.5 Child’s Activities. Each Parent shall facilitate the Child(ren)’s attendance at school and extracurricular activities during that Parent’s Parenting Time. The Parent in possession shall be responsible for transportation unless otherwise specified in Schedule 4.
3.6 Communication.
(a) Child to Parent: The Child(ren) shall have reasonable, uncensored electronic and telephonic contact with the non-custodial Parent.
(b) Parent to Parent: All non-emergency communication shall occur via [Family- Wizard / text / e-mail] and remain civil and child-focused.
3.7 Information Sharing. Consistent with the Custody Act, both Parents shall have equal rights to educational, medical, religious, and extracurricular information.
3.8 Relocation. A Parent seeking Relocation must comply with 23 Pa. Cons. Stat. § 5337, including the 60-day written notice (or 10 days in exigent circumstances) and the attached Relocation Notice Form (Schedule 5).
3.9 Transportation & Costs. Unless agreed otherwise:
(a) The initiating Parent shall transport the Child(ren) at the beginning of that Parent’s Parenting Time.
(b) Each Parent bears his or her own transportation costs.
3.10 Child Support. Child support is addressed in a separate order or agreement and is not modified hereby.
3.11 Modification. Any modification must be in a writing executed by both Parents and, if material, approved by the Court. The standard for modification is the best interests of the Child(ren).
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Parent represents that he or she has full legal capacity and authority to enter into this Agreement.
4.2 No Impairment of Child Welfare. Each Parent warrants that no circumstances presently exist (including substance abuse, domestic violence, or criminal activity) that would render that Parent unfit or endanger the Child(ren).
4.3 Disclosure. Each Parent has disclosed to the other any pending criminal charges, Protection-from-Abuse (“PFA”) orders, or involvement with child protective services.
4.4 Compliance with Orders. Each Parent is not subject to any order inconsistent with this Agreement.
4.5 Survival. The representations and warranties in this Section survive execution and court approval.
5. COVENANTS & RESTRICTIONS
5.1 Positive Conduct. Each Parent shall foster a loving, respectful relationship between the Child(ren) and the other Parent and shall not disparage the other Parent in the presence or hearing of the Child(ren).
5.2 Health & Safety. Each Parent shall:
(a) Maintain a smoke-free residence and vehicle when the Child(ren) are present;
(b) Store firearms unloaded and locked;
(c) Refrain from consuming impairing substances while exercising custody.
5.3 Medical Decisions. Non-emergency medical procedures require the consent of both Parents. In emergencies, the attending Parent may consent to treatment and shall notify the other Parent as soon as practicable.
5.4 Religious Upbringing. The Child(ren) may be instructed in the religion [identified / mutually agreed]. Neither Parent shall unreasonably interfere with religious practices.
5.5 Travel Outside Pennsylvania. Travel exceeding [72] hours or outside the United States requires written notice to the other Parent containing itinerary and contact information.
5.6 Contact With Third Parties. Romantic partners shall not reside overnight in the presence of the Child(ren) for more than [NUMBER] consecutive nights within a [30]-day period without the written consent of the other Parent or court order.
5.7 Notice of Significant Events. Each Parent shall give the other Parent prompt notice of any serious illness, injury, or school disciplinary action involving the Child(ren).
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
(a) Willful violation of the Parenting Time schedule after written notice and opportunity to cure;
(b) Failure to comply with Relocation procedures;
(c) Material breach of Section 5 (Covenants & Restrictions).
6.2 Notice & Cure. The non-defaulting Parent shall provide written notice specifying the default and allow [7] days to cure where practicable.
6.3 Remedies. Upon an uncured Event of Default, the non-defaulting Parent may seek:
(a) Make-up Parenting Time of equal duration;
(b) Modification or clarification from the Family Court;
(c) Contempt sanctions, including counsel fees, under Pa. R.C.P. 1915.12;
(d) Any other relief in the best interests of the Child(ren).
6.4 Attorneys’ Fees. The Court may award reasonable attorneys’ fees and costs to the prevailing party in any enforcement action.
7. RISK ALLOCATION & INDEMNIFICATION
7.1 Child-Welfare Priority. The welfare of the Child(ren) is paramount. Accordingly, any indemnification is subordinate to the Court’s parens patriae authority.
7.2 Mutual Indemnity. Subject to Section 7.1, each Parent (“Indemnifying Parent”) shall indemnify and hold harmless the other Parent from third-party claims or liabilities arising solely out of the Indemnifying Parent’s breach of this Agreement, gross negligence, or intentional misconduct.
7.3 Exclusions. No limitation of liability shall apply to conduct that endangers the Child(ren) or violates criminal law.
7.4 Insurance. Each Parent shall maintain adequate automobile and homeowner’s/renter’s insurance, naming the Child(ren) as insureds or additional insureds where available at no additional premium.
8. DISPUTE RESOLUTION
8.1 Mediation as Condition Precedent. Except in emergencies, the Parents shall first submit disputes arising under this Agreement to a certified mediator experienced in family custody matters located in [County], Pennsylvania.
8.2 Arbitration (Limited). The Parents may, by mutual written consent, submit ancillary matters (e.g., transportation logistics, extracurricular cost allocation) to binding arbitration pursuant to 42 Pa. Cons. Stat. § 7342, provided that custody determinations remain subject to court oversight.
8.3 Court Intervention. If mediation or agreed arbitration fails to resolve the dispute, either Parent may petition the Family Court for appropriate relief, without jury, consistent with Section 1.5.
8.4 Injunctive Relief. Nothing herein limits the Court’s ability to enter immediate orders to protect the Child(ren) or to modify custody on an expedited basis.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver is effective unless in a written instrument signed by both Parents and, where required, approved by the Court.
9.2 Assignment. Custodial rights are personal to the Parents and may not be assigned or delegated, except for temporary care by an Alternate Custodian consistent with Section 2 definitions.
9.3 Successors & Assigns. Subject to Section 9.2, this Agreement binds and inures to the benefit of the Parents’ respective heirs and legal representatives.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall be enforced to the fullest extent permitted, and the invalid provision shall be reformed to reflect the Parties’ intent and the Child(ren)’s best interests.
9.5 Entire Agreement. This Agreement constitutes the entire understanding regarding custody and supersedes all prior agreements, except for any existing protection orders or support orders.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (PDF, facsimile, or e-signature) are deemed originals.
9.7 Headings. Headings are for convenience only and do not affect interpretation.
9.8 Compliance With Future Law. Should Pennsylvania enact statutory amendments affecting custody, the Parents shall cooperate to conform this Agreement, subject to court approval, to any new mandatory requirements.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates below.
| Parent | Signature | Date |
|---|---|---|
| Parent 1: [NAME] | ________ | _____ |
| Parent 2: [NAME] | ________ | _____ |
[// GUIDANCE: Insert notary block if local practice or judge requires notarization.]
NOTARY ACKNOWLEDGMENT (Optional but Recommended)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [__] SS:
On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ___ and _____, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ______
SCHEDULES (Attach as Needed)
• Schedule 1 – Custody Exchange Point(s)
• Schedule 2 – Detailed Holiday Schedule
• Schedule 3 – Primary Residence & School District
• Schedule 4 – Extracurricular Activities & Transportation Matrix
• Schedule 5 – Statutory Relocation Notice Form (23 Pa. Cons. Stat. § 5337)
[// GUIDANCE: Populate schedules with concrete dates, times, and locations. Ensure consistency with Section 3.]