Pennsylvania Joint Custody Agreement

PENNSYLVANIA JOINT CUSTODY AGREEMENT

Stipulation for Shared Legal and Shared Physical Custody

Filed Pursuant to 23 Pa.C.S. Chapter 53 (Pennsylvania Child Custody Act)

PENNSYLVANIA STATUTORY FRAMEWORK

Under the Pennsylvania Child Custody Act, 23 Pa.C.S. Chapter 53, the court may award any form of custody that is in the best interest of the child. Pennsylvania recognizes six distinct custody types under 23 Pa.C.S. § 5322(a):

• Shared legal custody — the right of more than one individual to legal custody of the child
• Sole legal custody — the right of one individual to exclusive legal custody of the child
• Shared physical custody — the right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child
• Primary physical custody — the right to assume physical custody of the child for the majority of time
• Partial physical custody — the right to assume physical custody of the child for less than a majority of the time
• Supervised physical custody — custodial time during which an agency or adult designated by the court monitors the interaction between the child and the individual

This Agreement establishes shared legal custody and shared physical custody as defined by 23 Pa.C.S. § 5322(a), providing each Parent with significant periods of physical custodial time with the Children.

1. COURT AND CASE INFORMATION

Court of Common Pleas of [________________________________] County, Pennsylvania
Family Division

Docket Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

1.1 Parties

Plaintiff / Parent A:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Pennsylvania Driver's License No.: [________________________________]

Defendant / Parent B:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Pennsylvania Driver's License No.: [________________________________]

1.2 Minor Child(ren)

(Each individually a "Child" and collectively the "Children.")

1.3 Nature of Proceeding

This Agreement is submitted in connection with:

☐ Divorce action (23 Pa.C.S. § 3301)
☐ Custody complaint (23 Pa.C.S. § 5321)
☐ Petition for modification of existing custody order (23 Pa.C.S. § 5338)
☐ Paternity / parentage action
☐ Other: [________________________________]

1.4 Effective Date

This Agreement shall become effective as of [__/__/____], or upon the date of the Court's order incorporating this Agreement, whichever is later.

1.5 Criminal Record / Abuse History Verification (Pa.R.C.P. 1915.3-2)

Each Parent has filed the required verification regarding criminal record or abuse history pursuant to Pa.R.C.P. 1915.3-2, disclosing any convictions, guilty pleas, or no-contest pleas to offenses enumerated under 23 Pa.C.S. § 5329(a), and any involvement with child protective services under 23 Pa.C.S. § 5329.1(a).

☐ Neither Parent has a criminal record or abuse history requiring disclosure under 23 Pa.C.S. § 5329.
☐ Criminal record / abuse history is disclosed as follows: [________________________________]
☐ The Court has considered the criminal record / abuse history and determined that the party does not pose a threat of harm to the child(ren) per 23 Pa.C.S. § 5329(a).

2. BEST INTEREST FACTORS UNDER 23 Pa.C.S. § 5328(a)

Pennsylvania courts must consider the following 16 statutory factors when awarding custody. The Parents acknowledge that this Agreement serves the Children's best interests under each applicable factor:

(1) Party more likely to encourage contact — Both Parents are likely to encourage and permit frequent and continuing contact between the Children and the other Parent.

(2) Present and past abuse — ☐ No history of abuse by either party or household member. ☐ Abuse history addressed as follows: [________________________________]

(2.1) Child abuse and involvement with protective services (§ 5329.1(a)) — ☐ No involvement. ☐ Involvement addressed: [________________________________]

(2.2) Violent or assaultive behavior — ☐ No history. ☐ History addressed: [________________________________]

(3) Parental duties performed — Each Parent has performed parental duties as follows: [________________________________]

(4) Stability and continuity — The Children's need for stability and continuity in education, family life, and community life is addressed by: [________________________________]

(5) Availability of extended family — Extended family resources available to each Parent: [________________________________]

(6) Sibling relationships — ☐ All Children shall remain together. ☐ Sibling arrangement: [________________________________]

(7) Well-reasoned preference of the child — ☐ Not applicable (child too young). ☐ The child(ren), based on maturity and judgment, has/have expressed a well-reasoned preference that has been considered: [________________________________]

(8) Attempts to turn child against other parent — Neither Parent has attempted to turn the Children against the other Parent, the other Parent's family, or other individuals with custody rights.

(9) Which party is more likely to maintain loving, stable, consistent, and nurturing relationship — Both Parents are committed to maintaining such a relationship with the Children.

(10) Which party is more likely to attend to daily physical, emotional, developmental, educational, and special needs — Both Parents are capable and committed to attending to these needs.

(11) Proximity of residences — Parent A resides at [________________________________] and Parent B resides at [________________________________], approximately [____] miles apart.

(12) Each party's availability for care — Parent A's work schedule: [________________________________]; Parent B's work schedule: [________________________________]

(13) Each party's level of conflict and cooperation — The Parents are able to cooperate and communicate regarding the Children's welfare.

(14) History of drug or alcohol abuse — ☐ No history. ☐ History addressed: [________________________________]

(15) Mental and physical condition of parties — Each Parent represents adequate mental and physical health to perform custodial duties.

(16) Any other relevant factor — [________________________________]

3. SHARED LEGAL CUSTODY

3.1 Grant of Shared Legal Custody

Both Parents shall share legal custody of the Children as defined by 23 Pa.C.S. § 5322(a). Each Parent shall have equal right and responsibility to make major decisions relating to the Children's welfare.

3.2 Major Decisions Requiring Mutual Consent

The following decisions require prior good-faith consultation and mutual agreement:

(a) Education — School enrollment, changes in school, special education evaluations and services (IEP/Section 504), selection of tutoring programs, and childcare/daycare facilities;

(b) Non-Emergency Medical and Dental Care — Selection of physicians, dentists, and specialists; elective procedures; orthodontic treatment; and medications for chronic conditions;

(c) Mental Health Treatment — Initiation of counseling, therapy, psychiatric evaluation, or psychotropic medication;

(d) Religious Upbringing — Religious instruction, ceremonies, and regular religious observance;

(e) Extracurricular Activities — Enrollment in activities exceeding $[____] per month or requiring significant time affecting the other Parent's custodial time;

(f) Travel — Out-of-state travel exceeding [____] consecutive days; all international travel;

(g) Legal Matters — Any legal action taken on behalf of the Children.

3.3 Decision-Making Protocol

(a) Initiation: The Parent proposing a major decision shall provide written notice with sufficient detail for informed discussion.

(b) Response Time: The other Parent shall respond within [____] calendar days. Failure to respond within this period shall constitute consent, except for decisions regarding relocation, international travel, or changes in school enrollment.

(c) Good-Faith Consultation: Both Parents shall discuss the matter in good faith before making a final decision.

(d) Impasse Resolution: If Parents cannot agree after good-faith efforts:
☐ The matter shall be submitted to mediation
☐ The matter shall be referred to the parenting coordinator appointed under Pa.R.C.P. 1915.11-1
☐ Tiebreaking authority is allocated as follows:
Education: Parent [____]
Medical: Parent [____]
Mental Health: Parent [____]
Extracurricular: Parent [____]

3.4 Emergency Decisions

The Parent exercising physical custody at the time of a medical emergency may make any decision necessary to protect the Children's health or safety. That Parent shall notify the other Parent as soon as reasonably possible, but no later than 24 hours after the emergency.

3.5 Routine Decisions

The Parent exercising physical custody at any given time may make routine day-to-day decisions regarding meals, bedtime, homework, hygiene, discipline, and minor social activities without consultation.

4. SHARED PHYSICAL CUSTODY SCHEDULE

4.1 Grant of Shared Physical Custody

Both Parents shall share physical custody of the Children as defined by 23 Pa.C.S. § 5322(a), with each Parent having significant periods of physical custodial time.

4.2 Regular Parenting Time Schedule — School Year

Select one:

☐ Option A: Alternating Weeks (50/50)
Parent A: Seven (7) consecutive days beginning [________________________________] at [____] AM/PM
Parent B: The following seven (7) consecutive days
Exchanges at: ☐ School ☐ [________________________________]

☐ Option B: 2-2-3 Rotating Schedule (50/50)
Week 1: Monday-Tuesday with Parent A; Wednesday-Thursday with Parent B; Friday-Sunday with Parent A
Week 2: Monday-Tuesday with Parent B; Wednesday-Thursday with Parent A; Friday-Sunday with Parent B
Transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

☐ Option C: 5-2-2-5 Schedule (50/50)
Monday-Tuesday: Always with Parent A
Wednesday-Thursday: Always with Parent B
Friday-Sunday: Alternating
Transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

☐ Option D: 3-4-4-3 Schedule (50/50)
Week 1: Monday-Wednesday with Parent A; Thursday-Sunday with Parent B
Week 2: Monday-Thursday with Parent A; Friday-Sunday with Parent B

☐ Option E: Primary/Partial Arrangement (approximately 60/40)
Primary physical custody Parent ([________________________________]):
Weekdays and alternate weekends
Partial physical custody Parent ([________________________________]):
Alternating weekends: Friday at [____] PM to Monday morning school drop-off
One (1) midweek period: [________________________________] from [____] PM to [____] AM/PM
☐ With overnight ☐ Dinner visit only

☐ Option F: Custom Schedule
Parent A's custodial time: [________________________________]
Parent B's custodial time: [________________________________]

4.3 Primary Residence for School Enrollment

The Children's primary residence for purposes of school enrollment shall be:
☐ Parent A's residence ☐ Parent B's residence

Address: [________________________________]
School District: [________________________________]
School Name: [________________________________]

Note: Designation of a primary residence for school enrollment does not alter the shared physical custody designation or either Parent's custodial rights.

4.4 Summer Schedule

☐ Regular schedule continues through summer

☐ Modified summer schedule:
Each Parent shall have [____] weeks of uninterrupted vacation time during summer break.
Written notice of vacation dates by [________________________________] (date) each year.
If dates conflict, Parent A has priority in ☐ even / ☐ odd years.

☐ Custom summer schedule: [________________________________]

4.5 Holiday and School Break Schedule

Holidays supersede the regular parenting time schedule.

4.6 Special Days and Cultural Observances

☐ Additional holidays or observances:
[________________________________]
[________________________________]

5. TRANSPORTATION AND EXCHANGE

5.1 Exchange Location

☐ School — dropping-off Parent delivers; receiving Parent picks up
☐ Curbside at receiving Parent's residence
☐ Neutral public location: [________________________________]
☐ Other: [________________________________]

5.2 Transportation Responsibilities

☐ Receiving Parent picks up
☐ Dropping-off Parent delivers
☐ Transportation shared equally
☐ Other: [________________________________]

5.3 Exchange Protocol

(a) The Children shall be ready at the designated time with clothing, homework, medications, and personal items.
(b) Exchanges shall occur within a [____]-minute window of the scheduled time.
(c) If a Parent will be more than [____] minutes late, that Parent shall notify the other immediately.
(d) Neither Parent shall use exchanges to discuss disputed matters or engage in conflict.

5.4 Travel Costs (if Parents reside more than [____] miles apart)

☐ Transportation costs shared equally
☐ Traveling Parent bears costs
☐ Costs allocated [____]% to Parent A and [____]% to Parent B

6. RIGHT OF FIRST REFUSAL

☐ Included — If either Parent is unavailable to personally care for the Children for more than [____] consecutive hours during scheduled custodial time, that Parent shall first offer the other Parent the opportunity to provide care before arranging third-party childcare.

Excluded from right of first refusal:
☐ Care by grandparents
☐ Care by a stepparent residing in the household
☐ Regular school or daycare
☐ Scheduled activities (sports, lessons, camps)
☐ Other: [________________________________]

☐ Not Included

7. ACCESS TO RECORDS AND INFORMATION

7.1 Equal Access

Both Parents shall have full and equal access to all records concerning the Children, including:
(a) School records, report cards, teacher communications, IEP/Section 504 documents;
(b) Medical, dental, and vision records;
(c) Mental health and counseling records;
(d) Extracurricular activity schedules and communications;
(e) Childcare/daycare records.

7.2 Listing on Records

Both Parents shall be listed as parents and emergency contacts on all school, medical, and childcare records. Both Parents may communicate directly with teachers, physicians, counselors, and other professionals involved in the Children's care.

7.3 Information Sharing

(a) Each Parent shall promptly inform the other of any significant events, illnesses, injuries, disciplinary actions, or emergencies involving the Children.
(b) Each Parent shall provide copies of report cards, school notices, and medical records within [____] days of receipt.
(c) Each Parent shall notify the other of all school events, parent-teacher conferences, extracurricular events, and medical appointments with sufficient advance notice for the other Parent to attend.

8. COMMUNICATION

8.1 Between Parents

Parents shall communicate regarding the Children primarily through:
☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text message ☐ Other: [________________________________]

Communication shall be:
(a) Respectful, business-like, and focused on the Children's needs;
(b) Responded to within [____] hours for routine matters and within [____] hours for urgent matters;
(c) Free from profanity, threats, insults, or disparaging remarks.

8.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone and/or video communication between the Children and the other Parent during that Parent's custodial time:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ As mutually agreed, at reasonable times
☐ Other: [________________________________]

Neither Parent shall monitor, record, or interfere with the Children's communication with the other Parent, except as reasonably necessary for young children.

8.3 Non-Disparagement and Shielding Children from Conflict

(a) Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the Children's presence or hearing.
(b) Neither Parent shall discuss court proceedings, financial disputes, or adult matters with the Children.
(c) Neither Parent shall question the Children about the other Parent's personal life, relationships, finances, or activities.
(d) Neither Parent shall use the Children as messengers between Parents.

9. CHILD-REARING PROVISIONS

9.1 Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in:
(a) Bedtime and wake-up routines;
(b) Homework expectations and study habits;
(c) Screen time limits;
(d) Discipline approaches (neither Parent shall use corporal punishment);
(e) Dietary restrictions related to health or allergies.

9.2 Introduction of New Partners

If either Parent develops a new romantic relationship:
(a) The new partner shall not be introduced to the Children until the relationship has been stable for at least [____] months;
(b) The Children shall not be asked to call a new partner by a parental title;
(c) ☐ Neither Parent shall allow a new romantic partner to reside overnight while the Children are present until [________________________________].

9.3 Attendance at Children's Events

(a) Both Parents are welcome and encouraged to attend the Children's school events, performances, sporting events, and other activities.
(b) Parents shall conduct themselves respectfully toward each other at all events.

9.4 Substance Use Restrictions

(a) Neither Parent shall use controlled substances (except as lawfully prescribed) during custodial time or within [____] hours before custodial time begins.
(b) Neither Parent shall consume alcohol to the point of impairment during custodial time.
(c) Neither Parent shall allow any third party who is under the influence of drugs or alcohol to care for the Children.

9.5 Firearms Safety

All firearms in either Parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the Children, in compliance with 18 Pa.C.S. § 6108 (safe storage requirements where minors may access firearms).

10. RELOCATION (23 Pa.C.S. § 5337)

10.1 Sixty-Day Notice Requirement

Pursuant to 23 Pa.C.S. § 5337(c), a Parent proposing to relocate with the Children shall provide written notice to the other Parent by certified mail, return receipt requested, no later than the 60th day before the date of the proposed relocation. If the relocating Parent did not know and could not reasonably have known of the relocation in sufficient time, notice shall be provided within 10 days after learning of the relocation.

10.2 Required Contents of Notice (23 Pa.C.S. § 5337(c)(3))

The notice shall include:
(a) The address of the intended new residence;
(b) The mailing address, if different;
(c) The names and ages of the individuals in the new residence, including those expected to move in;
(d) The home and cellular telephone numbers of the relocating party;
(e) The date of the proposed relocation;
(f) The reasons for the proposed relocation;
(g) A proposed revised custody schedule;
(h) Information regarding the opportunity to object under 23 Pa.C.S. § 5337(d);
(i) A counter-affidavit form (Pa.R.C.P. 1915.17);
(j) A warning that failure to file a counter-affidavit within 30 days may result in approval of the relocation.

10.3 Counter-Affidavit and Objection (23 Pa.C.S. § 5337(d))

A non-relocating Parent who objects to the proposed relocation must file a counter-affidavit within 30 days of receipt of the notice. If no counter-affidavit is filed within 30 days, the court may approve the relocation.

10.4 Relocation Factors (23 Pa.C.S. § 5337(h))

In determining whether to approve a proposed relocation, the court shall consider:
(1) The nature, quality, extent of involvement, and duration of the child's relationship with the relocating and non-relocating party, siblings, and other significant persons;
(2) The age, developmental stage, and needs of the child and the likely impact of the relocation on the child's physical, educational, and emotional development;
(3) The feasibility of preserving the relationship between the non-relocating party and the child through suitable custody arrangements;
(4) The child's preference, considering age and maturity;
(5) Whether there is an established pattern of conduct to promote or thwart the relationship of the child and the other party;
(6) Whether the relocation will enhance the general quality of life for the relocating party;
(7) Whether the relocation will enhance the general quality of life for the child;
(8) The reasons and motivation of each party for seeking or opposing the relocation;
(9) Present and past abuse committed by a party or household member and whether there is a continued risk of harm;
(10) Any other factor affecting the best interest of the child.

10.5 Burden of Proof

The party proposing the relocation bears the burden of establishing that the relocation will serve the best interest of the child. 23 Pa.C.S. § 5337(i).

10.6 Geographic Restriction

☐ Neither Parent shall relocate the Children's primary residence outside of [________________________________] without the other Parent's written consent or court order.
☐ No geographic restriction. Relocation governed by the statutory notice and approval provisions above.

11. DISPUTE RESOLUTION

11.1 Step 1 — Direct Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

11.2 Step 2 — Parenting Coordinator (Pa.R.C.P. 1915.11-1)

☐ The Parents consent to the appointment of a parenting coordinator under Pa.R.C.P. 1915.11-1.
Name: [________________________________]
The parenting coordinator shall assist the parties in resolving disputes regarding custodial matters but shall not make decisions on major issues of custody or modify the custody order.

☐ Not applicable at this time; either party may later petition for appointment of a parenting coordinator.

11.3 Step 3 — Mediation

If direct communication and parenting coordination fail, the Parents shall participate in mediation with a qualified family mediator before seeking court intervention.
☐ Mediator: [________________________________]
☐ Mediator to be mutually selected
Cost allocation: ☐ Equal ☐ [____]% Parent A / [____]% Parent B

11.4 Step 4 — Custody Conciliation / Conference (Pa.R.C.P. 1915.4)

If mediation does not resolve the dispute, either Parent may file a petition with the Court of Common Pleas, Family Division, of [________________________________] County. Pursuant to Pa.R.C.P. 1915.4, the court shall schedule an initial conference or conciliation within 45 days of filing.

Philadelphia County Note: In Philadelphia, custody matters are handled by the Family Court Division of the Court of Common Pleas of Philadelphia County (First Judicial District). Filing is in person at 1501 Arch Street, 11th Floor, Philadelphia, PA 19102.

11.5 Step 5 — Pre-Trial Conference and Trial (Pa.R.C.P. 1915.4-4)

If the matter is not resolved at conciliation, either party may request a pre-trial conference by filing a praecipe. Pre-trial statements must be filed at least five days before the pre-trial conference. If the matter proceeds to trial, the court shall consider the 16 best interest factors under 23 Pa.C.S. § 5328(a).

11.6 Governing Law and Forum

This Agreement is governed by the Pennsylvania Child Custody Act, 23 Pa.C.S. Chapter 53, and the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 1915.1 et seq. The Court of Common Pleas, Family Division, of [________________________________] County retains exclusive, continuing jurisdiction pursuant to the UCCJEA as adopted in Pennsylvania at 23 Pa.C.S. Chapter 54.

11.7 Contempt and Enforcement (23 Pa.C.S. § 5323(g))

A party who willfully fails to comply with any custody order may be adjudged in contempt and punished by any or all of the following:
(a) Imprisonment for a period of not more than six months;
(b) A fine;
(c) Probation for a period of not more than six months;
(d) An order for nonrenewal, suspension, or denial of operating privilege under 23 Pa.C.S. § 4355;
(e) Make-up custodial time;
(f) Attorney's fees and costs.

12. CHILD SUPPORT CROSS-REFERENCE

☐ Child support is addressed in a separate order.
☐ Child support is addressed concurrently. See attached.
☐ The Parents acknowledge that the custodial timeshare established in this Agreement is a factor in calculating child support under Pa.R.C.P. 1910.16-1 et seq. The approximate timeshare is: Parent A [____]% / Parent B [____]%.

13. HEALTH INSURANCE AND MEDICAL EXPENSES

(a) Health Insurance: [________________________________] (Parent A / Parent B / Both) shall maintain comprehensive health, dental, and vision insurance for the Children.

(b) Unreimbursed Medical Expenses: Unreimbursed medical, dental, vision, orthodontic, mental health, and prescription expenses shall be allocated:
☐ Equally (50/50)
☐ Pro rata based on income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

(c) Process: The Parent incurring an unreimbursed expense shall submit documentation to the other Parent within [____] days. The other Parent shall reimburse their share within [____] days of receipt.

14. MODIFICATION AND REVIEW

14.1 Modification Standard (23 Pa.C.S. § 5338)

This Agreement, once incorporated as a court order, may be modified upon consideration of the factors set forth in 23 Pa.C.S. § 5328(a) (the 16 best interest factors). Pennsylvania does not require a showing of substantial change in circumstances for modification; rather, the court applies the best interest analysis anew. However, modification petitions must be accompanied by a criminal record / abuse history verification under Pa.R.C.P. 1915.3-2.

14.2 Periodic Review

The Parents agree to review this Agreement:
☐ Annually on or about [________________________________]
☐ Upon a Child entering middle school, high school, or reaching the age at which the child can express a well-reasoned preference under 23 Pa.C.S. § 5328(a)(7)
☐ Upon any significant change in either Parent's circumstances
☐ Other: [________________________________]

14.3 Developmental Adjustments

The Parents recognize that the Children's needs change as they grow. The Parents agree to discuss and modify the schedule as appropriate, including transitions to different school levels and driving age.

15. GENERAL PROVISIONS

15.1 Integration

This Agreement constitutes the entire understanding between the Parents regarding shared custody of the Children and supersedes all prior agreements.

15.2 Amendment

This Agreement may be modified only by a written stipulation signed by both Parents and approved by the Court, or by court order following a hearing.

15.3 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

15.4 Court Enforcement

This Agreement, once approved and incorporated as a court order, is enforceable by contempt proceedings under 23 Pa.C.S. § 5323(g) and by any other remedy available at law or equity.

15.5 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature, each deemed an original.

15.6 Notice

All written notices required under this Agreement shall be sent to the addresses listed in Section 1.1 or to such other address as a Parent may designate in writing.

16. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the date(s) below and request that the Court approve and incorporate this Agreement as a custody order under 23 Pa.C.S. § 5323.

PARENT A / PLAINTIFF:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

PARENT B / DEFENDANT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT A (if applicable):

Signature: _________________________________
Print Name: [________________________________]
PA Supreme Court ID No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT B (if applicable):

Signature: _________________________________
Print Name: [________________________________]
PA Supreme Court ID No.: [________________________________]
Date: [__/__/____]

17. ORDER OF COURT

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA
FAMILY DIVISION

The Court, having reviewed the foregoing Stipulation for Shared Legal and Shared Physical Custody and having considered the 16 best interest factors under 23 Pa.C.S. § 5328(a), the criminal record / abuse history disclosures under 23 Pa.C.S. § 5329 and Pa.R.C.P. 1915.3-2, and finding that the proposed arrangement serves the best interests of the minor child(ren):

IT IS HEREBY ORDERED that the Stipulation is approved and incorporated as an order of this Court. Shared legal custody and shared physical custody are awarded as set forth above, effective [__/__/____].

IT IS FURTHER ORDERED that any party who willfully fails to comply with this Order may be held in contempt of court pursuant to 23 Pa.C.S. § 5323(g).

Date: [__/__/____]

_________________________________
Judge, Court of Common Pleas
[________________________________] County, Pennsylvania

Sources and References

Pennsylvania Child Custody Act

• 23 Pa.C.S. Chapter 53 — Child Custody: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
• 23 Pa.C.S. § 5322 — Custody Types Defined: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.022.000..HTM
• 23 Pa.C.S. § 5328 — Best Interest Factors: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.028.000..HTM
• 23 Pa.C.S. § 5329 — Criminal Record Consideration: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.029.000..HTM
• 23 Pa.C.S. § 5337 — Relocation: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.037.000..HTM

Pennsylvania Rules of Civil Procedure

• Pa.R.C.P. 1915.1 et seq. — Actions for Custody of Minor Children: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1915/chap1915toc.html
• Pa.R.C.P. 1915.3-2 — Criminal Record or Abuse History: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1915/s1915.3-2.html

Additional Resources

• Unified Judicial System of Pennsylvania — Custody Proceedings: https://www.pacourts.us/learn/representing-yourself/custody-proceedings
• Philadelphia Family Court Division: https://www.courts.phila.gov/

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.