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 CUSTODY AGREEMENT CHECKLIST

 

          Agreement must contain express language that the agreement is to be adopted as a

Court Order: to say that the parties intend to be legally bound is not sufficient.  This language does not need to be placed in a Stipulation apart from the Custody Agreement; instead, it may be listed as a provision in the Agreement itself.  The relevant rule is Pa.R.Civ.P. 1915.7.  (Separate petitions or orders containing the entirety of the agreement, in addition to the actual Agreement are discouraged as being unnecessarily redundant.  Similarly, submitting documents with attached copies of prior orders previously entered of record is discouraged as being unnecessarily wasteful.)

 

          Signature of parties or counsel required.  Pa.R.Civ.P. 1915.7

          If only one attorney involved, both parties should sign agreement or consent

                        to entry of order.

 

          If no attorneys involved, both parties must sign agreement or consent to order.

 

          If no attorney, notary is preferred, but not required.

 

          A statement is required that no party is charged with or has been convicted of an offense enumerated in 23 Pa.C.S. Sec. 5303(b), (b.1), or (b.2), or an equivalent offense in another jurisdiction.

 

          Order must not contain any of the following provisions because they violate public policy:

          Any provision terminating rights of visitation or partial physical custody by a parent.

 

          Any provision terminating parental rights of a person.

 

          Any provision purporting to be a shared legal custody provision, but providing that one party’s decisions will prevail.

 

          Any provision terminating one party’s obligation of support or another’s right

                        to seek support.  See Hyde v. Hyde, 421 Pa.Super. 415, 618 A.2d 406 (1992)

                        (Parent’s may not bargain away the rights of their children to support).

 

          Any provision conditioning one party’s right of custody on the other paying

                        support or foregoing payment of support.  See Hyde v. Hyde, supra.

 

          Any other provision contrary to public policy.

 

 

          Order must contain space for date and judge’s signature.

 

rev. 12/17/08 rkr                    

 





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