PENNSYLVANIA PARENTING PLAN

Comprehensive Co-Parenting Agreement Filed Under 23 Pa.C.S. Chapter 53

Pennsylvania Child Custody Act

PENNSYLVANIA PARENTING PLAN — STATUTORY BACKGROUND

Pennsylvania encourages detailed parenting plans that address all aspects of co-parenting. While the Commonwealth does not mandate a specific parenting plan form, the Court of Common Pleas, Family Division, in each county may require a proposed custody schedule as part of the pre-trial process under Pa.R.C.P. 1915.4-4.

This Parenting Plan addresses the 16 best interest factors of 23 Pa.C.S. § 5328(a), incorporates the custody types defined under 23 Pa.C.S. § 5322(a), and satisfies the procedural requirements of the Pennsylvania Rules of Civil Procedure governing custody actions (Pa.R.C.P. 1915.1 et seq.).

Key Pennsylvania Distinctions:
- Pennsylvania recognizes six types of custody (shared legal, sole legal, shared physical, primary physical, partial physical, supervised physical) — 23 Pa.C.S. § 5322(a)
- The court must consider 16 statutory best interest factors — 23 Pa.C.S. § 5328(a)
- Criminal record / abuse history verification is mandatory — Pa.R.C.P. 1915.3-2; 23 Pa.C.S. § 5329
- Relocation requires 60-day certified mail notice and consideration of 10 additional factors — 23 Pa.C.S. § 5337
- Modification does not require proof of "changed circumstances"; the court re-applies the best interest factors — 23 Pa.C.S. § 5338
- The court may appoint a parenting coordinator to resolve day-to-day disputes — 23 Pa.C.S. § 5334
- Contempt of a custody order can result in imprisonment up to six months — 23 Pa.C.S. § 5323(g)

1. COURT AND CASE INFORMATION

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

Docket Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

1.1 Parties

Parent A:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]

Parent B:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]

1.2 Minor Child(ren)

1.3 Nature of Proceeding

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

1.4 Effective Date

This Plan shall become effective as of [__/__/____], or upon incorporation into a court order, whichever is later.

1.5 Criminal Record / Abuse History (Pa.R.C.P. 1915.3-2; 23 Pa.C.S. § 5329)

Each Parent has filed the mandatory verification under Pa.R.C.P. 1915.3-2 disclosing any criminal record or abuse history, including offenses enumerated under 23 Pa.C.S. § 5329(a) and child protective services involvement under 23 Pa.C.S. § 5329.1(a).

☐ No disclosures required.
☐ Disclosures made and addressed as follows: [________________________________]

2. GUIDING PRINCIPLES

Consistent with 23 Pa.C.S. § 5328 and the public policy of Pennsylvania:

(a) The health, safety, and welfare of the Children shall be the primary concern in all decisions.
(b) The Children shall have frequent and continuing contact with both Parents.
(c) Both Parents shall cooperate, communicate respectfully, and resolve conflicts in the Children's best interests.
(d) Neither Parent shall denigrate the other in the presence of the Children.
(e) The Children shall be shielded from parental conflict.
(f) Consistency, stability, and predictability serve the Children's welfare.
(g) This Plan shall be interpreted liberally to promote the Children's best interests.

3. CUSTODY DESIGNATION (23 Pa.C.S. § 5322(a))

3.1 Legal Custody

☐ Shared legal custody — Both Parents share the right and responsibility to make major decisions.
☐ Sole legal custody to [________________________________] — One Parent has exclusive decision-making authority.

3.2 Physical Custody

☐ Shared physical custody — Each Parent has significant periods of physical custodial time.
☐ Primary physical custody to [________________________________] with partial physical custody to [________________________________].
☐ Sole physical custody to [________________________________] with partial or supervised custody to the other Parent.
☐ Other arrangement: [________________________________]

4. PARENTING TIME SCHEDULE

4.1 Regular School-Year Schedule

Parent A's Custodial Time:
[________________________________]

Parent B's Custodial Time:
[________________________________]

☐ Alternating Weeks: Parent A has the Children from [________________________________] to [________________________________]; Parent B has the Children the following week on the same schedule.

☐ 2-2-3 Rotation:
Week 1: Monday-Tuesday with Parent [____]; Wednesday-Thursday with Parent [____]; Friday-Sunday with Parent [____]
Week 2: Monday-Tuesday with Parent [____]; Wednesday-Thursday with Parent [____]; Friday-Sunday with Parent [____]

☐ 5-2-2-5:
Monday-Tuesday: Always with Parent [____]
Wednesday-Thursday: Always with Parent [____]
Friday-Sunday: Alternating

☐ Primary/Partial Arrangement:
Primary Parent has weekdays; Partial custody Parent has alternating weekends (Friday [____] PM to Sunday [____] PM) plus one midweek period ([________________________________] from [____] PM to [____] PM)

☐ Custom: [________________________________]

4.2 Summer Schedule

☐ Regular schedule continues through summer.

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

☐ Summer schedule reverses the school-year arrangement (the partial custody Parent has the majority of summer time).

☐ Custom: [________________________________]

4.3 Holiday and School Break Schedule

Holidays supersede the regular schedule. Unless otherwise agreed, the following allocation applies:

4.4 Special Days

☐ Cultural, religious, or family holidays:
[________________________________]
[________________________________]

5. TRANSPORTATION AND EXCHANGES

5.1 Exchange Location

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

5.2 Transportation

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

5.3 Exchange Protocols

(a) Children shall be ready at the designated time with clothing, homework, medications, devices, and personal items.
(b) Exchanges shall occur within [____] minutes of the scheduled time.
(c) If late by more than [____] minutes, the late Parent shall notify the other immediately.
(d) Neither Parent shall use exchanges to discuss disputed matters.
(e) Exchanges shall be respectful and brief.

5.4 Travel Costs (if Parents reside far apart)

☐ Shared equally
☐ Traveling Parent bears cost
☐ Allocated [____]% Parent A / [____]% Parent B
☐ Other: [________________________________]

6. DECISION-MAKING RESPONSIBILITIES

6.1 Major Decisions (Shared Legal Custody)

If shared legal custody is designated, the following major decisions require mutual consent:

(a) Education: School enrollment, changes, IEP/Section 504 plans, tutoring, childcare/daycare
(b) Medical: Non-emergency physician/dentist/specialist selection, elective procedures, chronic medications, orthodontic treatment
(c) Mental Health: Counseling, therapy, psychiatric evaluation, psychotropic medications
(d) Religious: Instruction, ceremonies, regular observance
(e) Extracurricular: Activities exceeding $[____] per month or impacting other Parent's time
(f) Travel: Out-of-state travel exceeding [____] days; all international travel
(g) Legal: Legal actions on behalf of the Children

6.2 Decision-Making Process

(a) The proposing Parent shall provide written notice with sufficient detail.
(b) The other Parent shall respond within [____] calendar days.
(c) If no agreement is reached, the matter shall proceed to:
☐ Parenting coordinator (23 Pa.C.S. § 5334)
☐ Mediation
☐ Tiebreaking authority:
Education: Parent [____]
Medical: Parent [____]
Mental Health: Parent [____]
Extracurricular: Parent [____]

6.3 Emergency Decisions

The Parent exercising custody at the time of an emergency may make any decision necessary to protect the Children's health or safety. Notification to the other Parent shall occur within 24 hours.

6.4 Routine Decisions

The Parent in physical custody makes routine daily decisions (meals, homework, bedtime, hygiene, minor activities) without consultation.

7. COMMUNICATION

7.1 Between Parents

Primary method: ☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text ☐ Other: [________________________________]

Standards:
(a) Respectful, business-like, and child-focused;
(b) Response within [____] hours (routine) / [____] hours (urgent);
(c) No profanity, threats, insults, or disparaging remarks.

7.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone/video communication with the other Parent during custodial time:
☐ Daily at approximately [____] PM for up to [____] minutes
☐ As mutually agreed
☐ Other: [________________________________]

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

7.3 Non-Disparagement

(a) No negative remarks about the other Parent in the Children's presence.
(b) No discussion of court proceedings or adult matters with the Children.
(c) No questioning the Children about the other Parent's personal life.
(d) No using the Children as messengers.

8. ACCESS TO RECORDS AND INFORMATION

8.1 Equal Access

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

8.2 Listing on Records

Both Parents listed as parents and emergency contacts on all school, medical, and childcare records.

8.3 Sharing Obligations

(a) Promptly inform other Parent of significant events, illnesses, injuries, or emergencies.
(b) Provide copies of report cards and medical records within [____] days of receipt.
(c) Notify other Parent of school events, conferences, and appointments with sufficient advance notice.

9. CHILD-REARING PROVISIONS

9.1 Consistency

Parents shall maintain reasonable consistency in:
(a) Bedtime and wake-up routines;
(b) Homework expectations;
(c) Screen time limits;
(d) Discipline (no corporal punishment by either Parent);
(e) Dietary needs related to allergies or health conditions.

9.2 Introduction of New Partners

(a) New romantic partners 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) ☐ No overnight visits by a new romantic partner while the Children are present until [________________________________].

9.3 Attendance at Events

Both Parents are welcome at all school events, performances, and activities. Parents shall be respectful toward each other at all events.

9.4 Substance Use

(a) No controlled substances (except lawfully prescribed) during custodial time or within [____] hours prior.
(b) No alcohol to impairment during custodial time.
(c) No allowing any impaired third party to care for the Children.

9.5 Firearms Safety

All firearms stored unloaded, locked, with ammunition separate and inaccessible to the Children, consistent with 18 Pa.C.S. § 6108.

9.6 Right of First Refusal

☐ Included: If unavailable for more than [____] consecutive hours during custodial time, the Parent shall first offer the other Parent the opportunity to care for the Children.
Excluded: ☐ Grandparent care ☐ Stepparent care ☐ Regular school/daycare ☐ Scheduled activities

☐ Not included.

10. RELOCATION (23 Pa.C.S. § 5337)

10.1 Notice Requirements

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 proposed relocation, per 23 Pa.C.S. § 5337(c).

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

The notice shall include:
(a) New address and mailing address;
(b) Names and ages of individuals in new residence;
(c) Telephone numbers;
(d) Date and reasons for relocation;
(e) Proposed revised custody schedule;
(f) Information about the right to object;
(g) Counter-affidavit form (Pa.R.C.P. 1915.17);
(h) Warning that failure to file counter-affidavit within 30 days may allow approval.

10.3 Objection and Counter-Affidavit

The non-relocating Parent shall file a counter-affidavit within 30 days of receipt of the notice per 23 Pa.C.S. § 5337(d). Failure to respond within 30 days may constitute consent to the relocation.

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

If the relocation is contested, the court shall consider all 10 relocation factors plus the 16 best interest factors. The relocating Parent bears the burden of proof. 23 Pa.C.S. § 5337(i).

10.5 Geographic Restriction

☐ Neither Parent shall relocate the Children outside of [________________________________] without consent or court order.
☐ No geographic restriction; relocation governed by § 5337.

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 (23 Pa.C.S. § 5334)

☐ A parenting coordinator is appointed: [________________________________]
The coordinator assists in resolving day-to-day custodial disputes but shall not modify the custody order or decide major custody issues.
☐ Not applicable; either party may petition for appointment.

11.3 Step 3 — Mediation

☐ Private mediator: [________________________________]
☐ Mediator to be mutually selected
Cost: ☐ Equal ☐ [____]% Parent A / [____]% Parent B

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

Either Parent may file a petition with the Court of Common Pleas, Family Division. The court shall schedule an initial conference within 45 days.

Philadelphia County: Custody matters are filed at the Family Court Division, 1501 Arch Street, 11th Floor, Philadelphia, PA 19102.

Allegheny County: Custody matters are filed at the Family Division, 440 Ross Street, Pittsburgh, PA 15219.

11.5 Step 5 — Pre-Trial 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 conference. At trial, the court considers all 16 best interest factors.

11.6 Governing Law and Jurisdiction

This Plan is governed by 23 Pa.C.S. Chapter 53 and Pa.R.C.P. 1915.1 et seq. The Court of Common Pleas, Family Division, of [________________________________] County retains exclusive, continuing jurisdiction under the UCCJEA (23 Pa.C.S. Chapter 54).

12. CONTEMPT AND ENFORCEMENT (23 Pa.C.S. § 5323(g))

A Parent who willfully fails to comply with this Plan, once incorporated as a court order, may be adjudged in contempt. Remedies include:

(a) Imprisonment for up to six months;
(b) A fine;
(c) Probation for up to six months;
(d) Suspension or denial of operating privilege (23 Pa.C.S. § 4355);
(e) Make-up custodial time;
(f) Assessment of attorney's fees and costs;
(g) Modification of the custody arrangement;
(h) Any other relief available at law or equity.

The custody order shall be specified in sufficient detail to enable enforcement by law enforcement authorities. 23 Pa.C.S. § 5323(a).

13. FINANCIAL PROVISIONS

13.1 Health Insurance

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

13.2 Unreimbursed Medical Expenses

☐ Equally (50/50)
☐ Pro rata based on income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Process: The Parent incurring the expense submits documentation within [____] days. The other Parent reimburses within [____] days.

13.3 Extracurricular Activity Costs

☐ Equally (50/50)
☐ Pro rata: Parent A [____]% / Parent B [____]%
☐ Enrolling Parent bears cost
☐ Other: [________________________________]

13.4 Child Support

☐ Addressed in a separate order under Pa.R.C.P. 1910.16-1 et seq.
☐ Addressed concurrently.

14. MODIFICATION AND REVIEW (23 Pa.C.S. § 5338)

14.1 Modification Standard

This Plan, once incorporated as a court order, may be modified based on the 16 best interest factors of 23 Pa.C.S. § 5328(a). Pennsylvania does not require a threshold showing of changed circumstances. Any modification petition must include a criminal record / abuse history verification (Pa.R.C.P. 1915.3-2).

14.2 Periodic Review

Parents agree to review this Plan:
☐ Annually
☐ When a Child enters middle school, high school, or reaches an age to express a well-reasoned preference (§ 5328(a)(7))
☐ Upon significant changes in circumstances
☐ Other: [________________________________]

14.3 Developmental Adjustments

Parents shall discuss and modify the schedule as appropriate to accommodate developmental stages, including transitions between school levels and when a Child begins to drive.

15. GENERAL PROVISIONS

15.1 Integration

This Plan constitutes the entire understanding regarding the Children's custody and supersedes all prior agreements.

15.2 Amendment

Modification requires written agreement of both Parents with Court approval, or Court order.

15.3 Severability

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

15.4 Counterparts and Electronic Signatures

This Plan may be executed in counterparts and by electronic signature.

15.5 Notice

All written notices to addresses in Section 1.1, or as updated in writing.

16. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Parenting Plan as of the date(s) below.

PARENT A:

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

PARENT B:

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 Parenting Plan, having considered all 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 Plan serves the best interests of the minor child(ren):

IT IS HEREBY ORDERED that the Parenting Plan is approved and incorporated as an order of this Court. Custody is awarded as designated in Section 3, with the parenting time schedule set forth in Sections 4 through 5, effective [__/__/____].

IT IS FURTHER ORDERED that willful failure to comply with this Order may result in contempt sanctions under 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: 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: 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. — Custody Actions: 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
• Pa.R.C.P. 1915.4-4 — Pre-Trial Procedures: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1915/s1915.4-4.html

Additional Resources

• PA Unified Judicial System — Custody Proceedings: https://www.pacourts.us/learn/representing-yourself/custody-proceedings
• Philadelphia Family Court: https://www.courts.phila.gov/
• Understanding the 16 Custody Factors: https://thebetterwaylaw.com/blog-/understanding-the-16-custody-factors-in-pennsylvania

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