I am a good mother!

THIS IS WHAT THE ORDER SAYS FROM LANCASTER COUNTY COURT… YEA YOUR A GOOD MOTHER!!! LMAO!


AND NOW, THIS 14TH DAY OF FEBRUARY, 2017, THE COURT ENTERS THE FOLLOWING CUSTODY ORDER ON THE PETITION FOR MODIFICATION INVOLVING THE PARTIES, (retracted) AND (retracted), (“MATERNAL GRANDPARENTS”), (retracted), (“MOTHER”), AND (retracted), (“FATHER”), AND THE MINOR CHILD, NAMELY (retracted), BORN (retracted), 2014.
MATERNAL GRANDPARENTS AND THEIR COUNSEL, PHILIP SMOKER, ESQUIRE, FATHER AND HIS COUNSEL, ERIC GIBSON, ESQUIRE, AND MOTHER, PRO SE, ATTENDED THE HEARING. MATERNAL GRANDPARENTS AND FATHER PROVIDED TESTIMONY. MOTHER GAVE NO TESTIMONY ON HER BEHALF.
AFTER CONSIDERATION OF THE TESTIMONY AND EVIDENCE PRESENTED AT THE CUSTODY HEARING ON FEBRUARY 14, 2017, THIS COURT MAKES THE FOLLOWING OBSERVATIONS:
CHILD HAS RESIDED FOR HIS ENTIRE LIFE WITH MATERNAL GRANDPARENTS. UNTIL MAY, 2016, MOTHER ALSO RESIDED WITH HER PARENTS WHO ARE THE MATERNAL GRANDPARENTS OF THE CHILD. MATERNAL GRANDPARENTS HAVE PROVIDED CHILD WITH STABILITY, CONTINUITY FOR ALL ASPECTS OF CHILD’S LIFE, ATTENDING TO ALL NEEDS OF THE CHILD. THEY HAVE PERFORMED ALL PARENTAL DUTIES AND HAVE MAINTAINED A CONSTANT AND LOVING RELATIONSHIP WITH CHILD.
MOTHER HAS SPORADIC CONTACT WITH CHILD, SEEING THE CHILD ABOUT ONE TIME PER MONTH.
FATHER HAS HAD REGULAR CONTACT WITH CHILD OVER THE CHILD’S LIFE. GRANDPARENTS PERMIT AND ENCOURAGE FREQUENT CONTACT BETWEEN PARENTS AND CHILD.
MOTHER MOVED TO YORK COUNTY IN MAY, 2016. MOTHER MAY HAVE UNADDRESSED MENTAL HEALTH ISSUES AND DRUG AND ALCOHOL ISSUES. WHEN LANCASTER COUNTY CHILDREN AND YOUTH SOCIAL SERVICE AGENCY TRIED TO ASSESS MOTHER’S LIVING SITUATION IN NOVEMBER, 2016, SHE REFUSED THEM ACCESS TO HER HOME AND REFUSED TO PARTICIPATE IN A DRUG SCAN.
FATHER HAS TWO CONVICTIONS FOR USE OF MARIJUANA AND IS PRESENTLY ON PROBATION. HE DID COOPERATE WITH LANCASTER COUNTY CHILDREN AND YOUTH SOCIAL SERVICE AGENCY IN NOVEMBER, 2016. TWO DRUGS TESTS WERE DONE ON FATHER. HE TESTED POSITIVE FOR FIRST TEST AND NEGATIVE FOR THE SECOND TEST FOR MARIJUANA. THERE IS A GREAT DEAL OF CONFLICT BETWEEN MOTHER AND FATHER. HOWEVER, MATERNAL GRANDPARENTS HAVE A GOOD RELATIONSHIP WITH FATHER AND ARE ABLE TO COMMUNICATE WITH MOTHER.
FATHER AND MATERNAL GRANDPARENTS LIVE ABOUT A 20 MINUTE DRIVE FROM EACH OTHER AND MOTHER LIVES ABOUT 35 – 40 MINUTES FROM MATERNAL GRANDPARENTS.
THEREFORE THE FOLLOWING CUSTODY ORDER IS IN THE BEST INTERESTS OF THE CHILD:

  1. LEGAL CUSTODY:
    LEGAL CUSTODY OF THE PARTIES’ CHILD SHALL REMAIN SHARED BY MATERNAL GRANDPARENTS
    AND FATHER, MEANING THAT THE MATERNAL GRANDPARENTS AND FATHER SHALL CONSULT WITH EACH OTHER REGARDING MAJOR DECISIONS INCLUDING, BUT NOT LIMITED TO ISSUES INVOLVING EDUCATION, RELIGION, AND HEALTH, INCLUDING ANY COUNSELING. MATERNAL GRANDPARENTS AND FATHER ARE DIRECTED TO KEEP MOTHER ADVISED OF ALL MAJOR DECISIONS MADE ON THE CHILD’S BEHALF. ANY
    PARTY WHO HAS KNOWLEDGE OF SCHEDULED SCHOOL OR EXTRA-CURRICULAR ACTIVITIES INVOLVING THE
    CHILD SHALL HAVE AN ON-GOING DUTY TO TIMELY INFORM THE OTHER PARTIES OF SUCH EVENTS AND TO PROVIDE COPIES OF ANY NOTICES OR COMMUNICATIONS FROM THE SCHOOL OR LEADERS OF EXTRACURRICULAR ACTIVITIES. THE PARTIES ARE SPECIFICALLY DIRECTED TO COMMUNICATE WITH EACH OTHER ABOUT THESE MATTERS AND TO REFRAIN FROM RELYING ON THEIR CHILD OR THIRD PARTIES TO RELAY INFORMATION AND TO REFRAIN FROM REQUIRING THE SCHOOL TO ISSUE DUPLICATE NOTICES.
    THE PARTIES SHALL CONSULT WITH EACH OTHER REGARDING THE CHILD’S SUMMER ACTIVITIES AND THE PARTIES SHALL KEEP EACH OTHER INFORMED ABOUT THE SCHEDULE AND PARTICULARS OF SUCH ACTIVITIES.
    BOTH PARTIES SHALL HAVE THE RIGHT TO ACCESS SCHOOL, MEDICAL, AND DENTAL RECORDS OF THEIR CHILD AND TO CONSULT WITH SCHOOL OFFICIALS AND TEACHERS AS WELL AS HEALTH CARE PROVIDERS AND COUNSELORS REGARDLESS OF WHICH PARENT IS EXERCISING CUSTODY AT THE TIME.
    ALSO, BOTH PARTIES SHALL BE ENTITLED TO ATTEND SCHOOL AND EXTRA-CURRICULAR EVENTS THROUGHOUT THE CALENDAR YEAR WHEN IT IS APPROPRIATE FOR PARTIES TO DO SO AND BOTH MAY INTERACT WITH THE CHILD AT SUCH EVENTS.
  2. PRIMARY PHYSICAL CUSTODY:
    PRIMARY PHYSICAL CUSTODY OF THE CHILD IS GRANTED TO MATERNAL GRANDPARENTS. DURING THE TIME THAT CHILD IS IN THE CUSTODY OF MATERNAL GRANDMOTHER, SHE SHALL NOT BE (retracted).
  3. PARTIAL PHYSICAL CUSTODY (FATHER):
    PARTIAL PHYSICAL CUSTODY OF THE CHILD IS GRANTED TO FATHER, AS FOLLOWS:
    A. WEEKENDS: ON ALTERNATING WEEKENDS AT TIMES AS CAN BE MUTUALLY AGREED UPON BY MATERNAL GRANDPARENTS AND FATHER.
    B. OTHER: FOR SUCH OTHER TIMES AS THE PARTIES MAY AGREE.
    C. FATHER SHALL NOT BE UNDER THE INFLUENCE OF ANY ILLEGAL DRUGS DURING THE TIME HE HAS CONTACT WITH CHILD.
  4. SUPERVISED PHYSICAL CUSTODY (MOTHER):
    SUPERVISED PHYSICAL CUSTODY OF THE CHILD IS GRANTED TO MOTHER, AS FOLLOWS:
    A. AT TIMES AS CAN BE MUTUALLY AGREED UPON BY MATERNAL GRANDPARENTS AND MOTHER.
    B. ANY PERIOD OF PHYSICAL CUSTODY THAT MOTHER MAY HAVE WITH THE CHILD MUST BE SUPERVISED.
  5. COMMUNICATION/TELEPHONE CONTACT:
    THE PARTIES ARE ENCOURAGED TO ACCOMMODATE THE REASONABLE REQUESTS OF THE OTHER PARTIES FOR ALTERATIONS OF ANY AGREED UPON SCHEDULE, AS THE CIRCUMSTANCES AND BEST INTERESTS OF THE CHILD REQUIRE. EACH PARENT SHALL PERMIT REASONABLE TELEPHONE ACCESS TO THE CHILD BY THE OTHER PARTIES NOT THEN EXERCISING PHYSICAL CUSTODY. ALL PARTIES SHALL KEEP EACH OTHER ADVISED OF CURRENT RESIDENCE AND TELEPHONE NUMBERS.
  6. TRANSPORTATION:
    THE PARTY RECEIVING PHYSICAL CUSTODY OF THE CHILD SHALL PROVIDE TRANSPORTATION FOR HIS/HER PERIODS OF PHYSICAL CUSTODY.
  7. RESPONSIBLE PARENTING EXPECTED:
    ALL PARTIES SHALL ENCOURAGE THE CHILD TO LOVE AND RESPECT THE OTHER PARTIES. NO PARTY SHALL STATE OR ALLOW OTHERS TO STATE, IN THE PRESENCE OF THE CHILD, DEROGATORY COMMENTS ABOUT THE OTHER PARTIES. ALL PARTIES SHALL ENCOURAGE THE CHILD TO HAVE SIGNIFICANT CONTACT WITH THE OTHER PARTIES, AND SHALL MAKE CERTAIN THAT THE CHILD IS READY ON TIME FOR THE TRANSFER OF PHYSICAL CUSTODY FROM ONE PARTY TO ANOTHER. NO PARTY SHALL UNDERTAKE NOR PERMIT IN HIS OR HER PRESENCE THE POISONING OF THE MINOR CHILD’S MIND AGAINST THE OTHER PARTIES BY CONVERSATION WHICH EXPLICITLY OR INFERENTIALLY DERIDES,
    RIDICULES, CONDEMNS OR IN ANY MANNER DEROGATES THE OTHER PARTIES.
  8. IF YOU ARE PROPOSING TO RELOCATE TO ANOTHER AREA WITH THE CHILD NAMED IN THIS CUSTODY ACTION, YOU MUST COMPLY WITH THE REQUIREMENTS OF SECTION 5337 OF THE PENNSYLVANIA CUSTODY LAW WHICH INCLUDES SENDING NOTICE OF YOUR PROPOSED MOVE TO EVERY OTHER INDIVIDUAL WHO HAS CUSTODY RIGHTS TO THE CHILD AND PROVIDING SPECIFIC INFORMATION CONCERNING YOUR RELOCATION. THE LAW MAY BE FOUND AT 23 PA. C.S.A. ยง5337. IF YOU DO NOT COMPLY WITH THE NOTICE PROVISION OR PROVIDE THE REQUIRED INFORMATION, THE COURT HAS THE ABILITY TO CONSIDER YOUR FAILURE AS AN ELEMENT IN THE CUSTODY OR RELOCATION DECISION.

BY THE COURT: LESLIE GORBEY, JUDGE

CC: (retracted)
ERIC GIBSON, ESQ
PHILIP SMOKER, ESQ

236 NOTICE SENT: 2/15/17

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