CUSTODY MODIFICATION AGREEMENT SELF-HELP PACKAGE

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1 TIOGA COUNTY, PENNSYLVANIA CUSTODY MODIFICATION AGREEMENT SELF-HELP PACKAGE Prepared by the Tioga County Bar Association and North Penn Legal Services for use by indigent pro se litigants in Tioga County, Pennsylvania THIS PACKAGE IS FOR USE WHEN YOU AND THE OTHER PARENT AGREE TO MODIFY AN EXISTING CUSTODY ORDER IF YOU AND THE OTHER PARENT HAVE AN AGREEMENT ON HOW CUSTODY SHOULD BE HANDLED, BUT THERE IS NO CUSTODY ORDER IN EFFECT YET, YOU WILL NEED THE NEW CUSTODY AGREEMENT SELF-HELP PACKAGE. IF THERE IS ALREADY A CUSTODY ORDER IN EFFECT AND YOU WANT TO MODIFY IT, BUT THE OTHER PARENT DOES NOT AGREE, YOU WILL NEED THE PETITION TO MODIFY CUSTODY SELF-HELP PACKAGE. IF YOU WANT TO FILE A NEW CUSTODY CASE WITHOUT AN AGREEMENT AND NO CUSTODY ORDER IS IN EFFECT YET, YOU WILL NEED THE CUSTODY COMPLAINT SELF-HELP PACKAGE. IF THERE IS ALREADY A CUSTODY ORDER IN EFFECT AND YOU WANT TO RELOCATE WITH YOUR CHILD(REN), YOU WILL NEED THE RELOCATION SELF-HELP PACKAGE. IF THERE IS ALREADY A CUSTODY ORDER IN EFFECT AND THE OTHER PARENT HAS VIOLATED THE EXISTING CUSTODY ORDER, YOU WILL NEED THE CONTEMPT PETITION SELF-HELP PACKAGE. IF YOU CANNOT AFFORD TO PAY THE FILING FEES FOR A NEW CUSTODY CASE, AND YOU WOULD LIKE TO ASK THE COURT TO WAIVE THE FILING FEES, YOU WILL ALSO NEED THE IFP PETITION SELF- HELP PACKAGE. STEP 1: INSTRUCTIONS: This package is for use when you and the other parent have already agreed to modify an existing custody order and would like to write down your agreement and have it entered as an order of court. If this is a new custody case, and neither you nor the other parent has ever filed a custody complaint in Tioga County, then you will need the NEW CUSTODY AGREEMENT SELF-HELP PACKAGE instead of this package because the court needs someone to file a custody complaint in order to open a new custody file. If there is no open custody file, the court will not accept your custody agreement. There is also a filing fee for filing a new custody case in Tioga County. It is currently $121.50, but is subject to increase at any time.

2 STEP 2: Complete the fill-in-the-blank Custody Agreement included in this package. On the top of the first page, write your own name on the line for Plaintiff and the other parent s name on the line for Defendant. If this is a new case, the court will assign a docket number when you file the complaint. When you are done, the caption should look something like this: IN THE COURT OF COMMON PLEAS OF TIOGA COUNTY, PENNSYLVANIA Jane Q. Doe : Plaintiff : v. : John X. Doe : NO: FS : Defendant : CIVIL ACTION - CUSTODY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : How to fill out the Agreement: The first part of the agreement says that both parties agree to share legal custody. Legal custody means the right to make major decisions on behalf of a child, including, but not limited to, medical, religious and educational decisions. Except in extraordinary circumstances, both parents will share legal custody of a child. The rest of the agreement addresses physical custody. Physical custody means the actual physical possession and control of a child; In order to complete the agreement, you will need to fill in the name and date of birth of every child that will be covered by the custody order. Once you have filled in the name and date of birth of every child, you will have to write in the name of the party who will have primary physical custody. Primary physical custody means the right to assume physical custody of the child for the majority of time. The party who has primary physical custody shall have physical custody at all times except for the times when the other party has partial physical custody or supervised partial physical custody. Partial physical custody means the right to assume physical custody of a child for a certain fixed period of time (for example, many parents have partial physical custody every other weekend). Supervised physical custody means time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights. You should fill in the name of the other party and write out with as much detail as possible when and how they will be able to exercise their partial physical custody or supervised physical custody rights. The sentence that says "and any other visitation as the party may agree" means that you may deviate from the agreedupon schedule so long as both parties agree to the deviation. If either party refuses to deviate from the schedule, you must comply with the schedule or you may face serious legal consequences for violating the agreement and order.

3 In the area for addition terms, you and the other party should write in any additional special conditions you wish to have made part of the court order. For example, you can specify terms for transportation, phone communication, school enrollment, or any other special terms that both sides can agree upon. Finally, you will both need to sign the agreement. If you are signing the agreement without an attorney, you will need to have your signature notarized. You should also add the names of both parties to the distribution list at the bottom of the page. This will let the court know where to mail copies of the agreement and order after it is approved by the court. Do not sign on the line below the phrase BY THE COURT; this is where the judge will sign the agreement and make it an order of court. STEP 3: You and the other parent will also both have to complete Criminal Record/Abuse History Verification Forms. You should exchange copies of your completed forms and the originals should be filed with the court along with the custody agreement. The court will not accept the agreement unless you both submit your Criminal Record/Abuse History Verification Forms with the agreement. Begin by filling in the top of the first page of the Criminal Record/Abuse History Verification Form the same way you filled in the top of the first page of the Complaint (see the instructions at the beginning of Step 2). Next, print your name in the blank space on the first page. This form contains a long list of crimes and offenses that the court may consider in connection with making a custody decision. You are required to disclose if you or any other member of your household have ever been convicted of any of these crimes or offenses (you must also disclose if either you or any other member of your household are currently facing charges for any of these crimes or offenses, even if you have not yet been convicted). For each crime or offence listed, provide the requested information. Here is an example: 18 Pa.C.S. Ch. 25 (relating to criminal homicide): 18 Pa.C.S (relating to aggravated assault): Date: (01/02 /10) Sentence: Two years incarceration The last page of the form requests additional information about any counseling, evaluations, or treatment you may have received as a result of any of the crimes or offences listed, as well as additional information about any applicable household member. You should also disclose if the Defendant or members of the Defendant s household has or have a criminal or abuse history

4 After you have filled out the Criminal Record/Abuse History Verification Form, sign and date the last page. By signing this form and filing it with the court you are asserting that the information you provide is true and correct to the best of your knowledge, information, and belief. If you intentionally provide false information, or knowingly fail to disclose any applicable crimes or offences, you may be subject to criminal charges under 18 PA. C.S.A STEP 4: Once both sides have signed the agreement, either parent can take the agreement and Criminal Record/Abuse History Verification Forms to the court and file them at the Prothonotary s office. You should bring the original and two copies of the signed agreement with you to the Prothonotary s office. The judge will review the agreement and sign it if he approves of the agreement. It will then become an order of court. Finally, the court will mail copies of the signed agreement and court order to both parties. ADDITIONAL CONTENTS OF THIS PACKAGE: 1. AGREEMENT AND ORDER (2 PAGES) 2. CRIMINAL RECORD/ABUSE HISTORY VERIFICATION FORM (8 PAGES x 2 COPIES: 16 PAGES TOTAL)

5 IN THE COURT OF COMMON PLEAS OF TIOGA COUNTY, PENNSYLVANIA : Plaintiff : v. : : NO: FS : Defendant : CIVIL ACTION - CUSTODY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : AGREEMENT AND ORDER AND NOW come the above-named parties and agree that they shall share legal custody of the following minor child(ren): D.O.B.: / / D.O.B.: / / D.O.B.: / / D.O.B.: / / D.O.B.: / / shall have primary physical custody of the above-listed child(ren). shall have partial physical custody and/supervised physical custody of the above-listed child(ren) as follows: And any other visitation as the party may agree. Additional terms, if any: 1

6 NOTICE: IF THIS IS A NEW CUSTODY CASE, THEN THIS AGREEMENT CANNOT BE FILED WITH THE COURT UNTIL AFTER A CUSTODY COMPLAINT HAS BEEN FILED. IF THERE IS ALREADY A CUSTODY ORDER IN EFFECT, THEN THE PARTIES REQUEST THAT THIS AGREEMENT BE DEEMED A JOINT PETITION TO MODIFY CUSTODY. SIGNATURES X Plaintiff On this day of, 20, before me a notary public, the undersigned officer, personally appeared, the above-named Plaintiff, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above instrument, and acknowledged that they executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Notary Public X Defendant On this day of, 20, before me a notary public, the undersigned officer, personally appeared, the above-named Plaintiff, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above instrument, and acknowledged that they executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Notary Public ORDER AND NOW, this day of, 20, the foregoing agreement is approved and entered as a final order of Court. BY THE COURT, 2 J. NOTICE: NO PARTY SHALL RELOCATE THE CHILD(REN) WITHOUT PROPER CONSENT AND/OR COURT APPROVAL AS REQUIRED BY 23 Pa.C.S STRICT COMPLIANCE WITH 23 Pa.C.S (related to relocation) IS REQUIRED. Distribution: 1. (Plaintiff) 2. (Defendant)

7 IN THE COURT OF COMMON PLEAS OF TIOGA COUNTY, PENNSYLVANIA : Plaintiff : v. : : NO: FS : Defendant : CIVIL ACTION - CUSTODY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : CRIMINAL RECORD/ABUSE HISTORY VERIFICATION FORM I,, do hereby swear or affirm, subject to penalties of law, including 18 Pa.C.S (relating to unsworn falsification to authorities) as follows: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted, or pled guilty, or pled no contest, or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. 6307, to any of the following crimes in Pennsylvania, or to any substantially equivalent crime in any other jurisdiction (including any pending charges): FOR EACH LISTED OFFENSE, CHECK ALL BOXES THAT APPLY: 18 Pa.C.S. Ch. 25 (relating to criminal homicide): 18 Pa.C.S (relating to aggravated assault): 18 Pa.C.S (relating to terroristic threats): 1

8 18 Pa.C.S (relating to stalking): 18 Pa.C.S (relating to kidnapping): 18 Pa.C.S (relating to unlawful restraint): 18 Pa.C.S (relating to false imprisonment): 18 Pa.C.S (relating to luring a child into a motor vehicle or structure): 2

9 18 Pa.C.S (relating to rape): 18 Pa.C.S (relating to statutory sexual assault): 18 Pa.C.S (relating to involuntary deviate sexual assault): 18 Pa.C.S (relating to sexual assault): 18 Pa.C.S (relating to aggravated indecent assault): 3

10 18 Pa.C.S (relating to indecent assault): 18 Pa.C.S (relating to indecent exposure): 18 Pa.C.S (relating to sexual intercourse with animal): 18 Pa.C.S (relating to conduct relating to sex offenders): 18 Pa.C.S (relating to arson and related offenses): 4

11 18 Pa.C.S (relating to incest): 18 Pa.C.S (relating to concealing death of child): 18 Pa.C.S (relating to endangering welfare of children): 18 Pa.C.S (relating to dealing in infant children): 18 Pa.C.S. 5902(b) (relating to prostitution and related offenses): 5

12 18 Pa.C.S. 5903(c) or (d) (relating to obscene and other sexual materials and performances): 18 Pa.C.S (relating to corruption of minors): 18 Pa.C.S (relating to sexual abuse of children): 18 Pa.C.S (relating to unlawful contact with minor): 18 Pa.C.S (relating to sexual exploitation of children): 6

13 18 Pa.C.S (relating to contempt for violation of protection order or agreement): Driving under the influence of drugs or alcohol: Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device: 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children and Youth Agency, including the following: (1) A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction, or (2) a history of abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction, or (3) involvement with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction, or (4) any other history of violent or abusive conduct: By a finding of abuse made against me by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction By a history of abusive conduct by me as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction By involvement with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction. If checked, indicate where: Other: Date: ( / / ) Continued on next page 7

14 Continued from previous page By a finding of abuse made against this household member by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction By a history of abusive conduct by this household member as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction By involvement of this household member with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction. If checked, indicate where: Other: Date: ( / / ) 3. If any of the preceding crimes or findings of abuse apply to you or a household member, list any evaluations, counseling or other treatment received following the conviction or finding of abuse: 4. If any of the preceding crimes or findings of abuse apply to a household member, state that person s name, date of birth and relationship to the child(ren): Name: Date of Birth: ( / / ) Relationship to the child(ren): 5. If you are aware that the other party or members of the other party s household has or have a criminal/abuse history, please explain: I verify that the statements made in this Criminal Record/Abuse History Verification Form are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S.A relating to unsworn falsification to authorities. Date: Signature NOTICE: A CRIMINAL OR ABUSE HISTORY VERIFICATION FORM MUST BE FILED ALONG WITH EVERY NEW CUSTODY COMPLAINT OR CUSTODY PETITION, EVEN IF YOU HAVE ALREADY FILED ONE BEFORE. A COPY OF YOUR COMPLETED CRIMINAL OR ABUSE HISTORY VERIFICATION FORM MUST ALSO BE SERVED (PROVIDED TO) THE OTHER PARTY AT THE SAME TIME AS THE COMPLAINT OF PETITION. 8

15 IN THE COURT OF COMMON PLEAS OF TIOGA COUNTY, PENNSYLVANIA : Plaintiff : v. : : NO: FS : Defendant : CIVIL ACTION CUSTODY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : CRIMINAL RECORD/ABUSE HISTORY VERIFICATION FORM I,, do hereby swear or affirm, subject to penalties of law, including 18 Pa.C.S (relating to unsworn falsification to authorities) as follows: 6. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted, or pled guilty, or pled no contest, or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. 6307, to any of the following crimes in Pennsylvania, or to any substantially equivalent crime in any other jurisdiction (including any pending charges): FOR EACH LISTED OFFENSE, CHECK ALL BOXES THAT APPLY: 18 Pa.C.S. Ch. 25 (relating to criminal homicide): 18 Pa.C.S (relating to aggravated assault): 18 Pa.C.S (relating to terroristic threats): 1

16 18 Pa.C.S (relating to stalking): 18 Pa.C.S (relating to kidnapping): 18 Pa.C.S (relating to unlawful restraint): 18 Pa.C.S (relating to false imprisonment): 18 Pa.C.S (relating to luring a child into a motor vehicle or structure): 2

17 18 Pa.C.S (relating to rape): 18 Pa.C.S (relating to statutory sexual assault): 18 Pa.C.S (relating to involuntary deviate sexual assault): 18 Pa.C.S (relating to sexual assault): 18 Pa.C.S (relating to aggravated indecent assault): 3

18 18 Pa.C.S (relating to indecent assault): 18 Pa.C.S (relating to indecent exposure): 18 Pa.C.S (relating to sexual intercourse with animal): 18 Pa.C.S (relating to conduct relating to sex offenders): 18 Pa.C.S (relating to arson and related offenses): 4

19 18 Pa.C.S (relating to incest): 18 Pa.C.S (relating to concealing death of child): 18 Pa.C.S (relating to endangering welfare of children): 18 Pa.C.S (relating to dealing in infant children): 18 Pa.C.S. 5902(b) (relating to prostitution and related offenses): 5

20 18 Pa.C.S. 5903(c) or (d) (relating to obscene and other sexual materials and performances): 18 Pa.C.S (relating to corruption of minors): 18 Pa.C.S (relating to sexual abuse of children): 18 Pa.C.S (relating to unlawful contact with minor): 18 Pa.C.S (relating to sexual exploitation of children): 6

21 18 Pa.C.S (relating to contempt for violation of protection order or agreement): Driving under the influence of drugs or alcohol: Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device: 7. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children and Youth Agency, including the following: (1) A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction, or (2) a history of abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction, or (3) involvement with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction, or (4) any other history of violent or abusive conduct: By a finding of abuse made against me by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction By a history of abusive conduct by me as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction By involvement with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction. If checked, indicate where: Other: Date: ( / / ) Continued on next page 7

22 Continued from previous page By a finding of abuse made against this household member by a Children & Youth Agency or similar agency in Pennsylvania or under a similar statute in another jurisdiction By a history of abusive conduct by this household member as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction By involvement of this household member with a Children and Youth Agency or similar agency in Pennsylvania or anther jurisdiction. If checked, indicate where: Other: Date: ( / / ) 8. If any of the preceding crimes or findings of abuse apply to you or a household member, list any evaluations, counseling or other treatment received following the conviction or finding of abuse: 9. If any of the preceding crimes or findings of abuse apply to a household member, state that person s name, date of birth and relationship to the child(ren): Name: Date of Birth: ( / / ) Relationship to the child(ren): 10. If you are aware that the other party or members of the other party s household has or have a criminal/abuse history, please explain: I verify that the statements made in this Criminal Record/Abuse History Verification Form are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S.A relating to unsworn falsification to authorities. Date: Signature NOTICE: A CRIMINAL OR ABUSE HISTORY VERIFICATION FORM MUST BE FILED ALONG WITH EVERY NEW CUSTODY COMPLAINT OR CUSTODY PETITION, EVEN IF YOU HAVE ALREADY FILED ONE BEFORE. A COPY OF YOUR COMPLETED CRIMINAL OR ABUSE HISTORY VERIFICATION FORM MUST ALSO BE SERVED (PROVIDED TO) THE OTHER PARTY AT THE SAME TIME AS THE COMPLAINT OF PETITION. 8

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