Adm. Cnty. Pa. 1915.7-1
Contents of Custody Agreements and Consent Orders. At any time during the pendency of the proceedings, the parties may file with the Prothonontary an agreement and proposed consent order, with the written consents attached thereto, containing original signatures by the parties and their counsel. Consistent with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, all agreements shall contain the initials of each child and shall be filed with a Confidential Information Form. All proposed orders shall contain each child's full name and the month/year of each child's birth for identification purposes. Upon receipt of a consent order, the court may, in its discretion, enter an order without taking testimony thereon. All proposed consent orders shall contain a separate numbered paragraph with language substantially in the following form:
"Relocation. A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights shall follow the procedures required by 23 Pa. C.S.A. § 5337 and Pa. R.C.P. No. 1915.17". (See Sample Form "D" annexed to these rules for a checklist and sample order.)
(Sample Form "D" - CHECKLIST FOR CUSTODY ORDER BY AGREEMENT AND SAMPLE
COURT ORDER ADOPTING THE AGREEMENT OF THE PARTIES)
The Court may incorporate the Agreement of the parties into a Custody Order if the following steps are followed:
[] The Agreement of the parties should list the child/ren by initials and month/year of birth. If the Agreement lists full names and month/year of birth, you must file a Confidential Information Form with the Agreement.
[] The Agreement of the parties must contain language requesting the Court to enter the Agreement as an Order of Court.
[] The Agreement should include the following standard paragraphs regarding Relocation of a Party:
RELOCATION OF A PARTY:
Relocation. A parent proposing to change the residence of the child(ren) which significantly impairs the ability of a non-relocating parent to exercise custodial rights shall follow the procedures required by 23 Pa. C.S. § 5337 and Pa. R.C.P. No. 1915.17.
[] Complete the Proposed Order of Court which lists the child(ren)'s full name and month/year of birth. The proposed order must list parties' names and addresses on the distribution under the Judge's signature.
[] All parties must sign in the presence of a witness. Notarized agreements are preferred, but not required.
[] In addition to the original, make three (3) copies of the Agreement with proposed order. The order is placed on top of the Agreement for filing.
[] Take the original and three (3) copies with proposed order to file at the Prothonotary's Office on the 1st floor of the Adams County Courthouse.
[] If you are initiating a custody action and the parties have reached an agreement without the need of a custody conference, you must file a custody complaint with criminal affidavits of the parties and pay the appropriate filing fee at the Prothonotary's Office at the same time as submitting the proposed order.
[] If the order is granted, the order will be filed in the Prothonotary's Office and copies of the orders will be mailed to the parties, if self-represented, or counsel for the parties. If self-represented you must provide self-addressed, postage pre-paid envelopes for both parties. If counsel does not have a mailbox in the Prothonotary's Office a self-addressed, postage pre-paid envelope to counsel's office must be provided.
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL
__________________ Plaintiff | Case No. |
v. | |
__________________ Defendant |
ORDER OF COURT
AND NOW, this_____day of ____________, 20__, it is hereby ordered and directed that the within Stipulated Agreement for Custody attached hereto and entered into by the parties on ___________, 20__, in regard to the child(ren), _________________(names of child/ren), born in ______________(month/year of birth for each child) is entered as an Order of Court.
BY THE COURT:
_____________
JUDGE
Distribution:
_______________________, Esquire/ or unrepresented party name/address
_______________________, Esquire/ or unrepresented party name/address
Adm. Cnty. Pa. 1915.7-1