Thomas M. Clark, Esq., (717) 221-7952, tclark@tuckerlaw.com

Pre-Trial Memorandums (check local rules for requirements)

In a contested custody proceeding, the court may require the parties to submit Pre-Trial Memorandums prior to a Pre-Trial Conference to aid the court in resolving the custody dispute.

Contents of a Pre-Trial Memorandum – the Pre-Trial Memorandum shall include the following:

• Brief Summary of the Case, including names and dates of birth of child at issue and the current custody situation.
• Statements of issues expected to arise during trial.
• Admissions from pleadings to be made part of the record.
• Stipulations of parties.
• Potential Witnesses to be called.
• Status of expert witnesses, reports, evaluations and studies.
• Statement of objections or unusual evidentiary problems expected to arise at trial.
• Special requests, uncompleted matters.
• Statement of Settlement prospects.
• Estimated time needed for trial.

Parenting Plans (check local rules for requirements)

In a contested custody proceeding, the court may require the parties to submit a Parenting Plan for the care and custody of the child to aid the court in resolving the custody dispute. A Parenting Plan and the position of a party as set forth in that Parenting Plan shall not be admissible as evidence by another party. 23 Pa.C.S. §5331.

Contents of the Parenting Plan – the Parenting Plan shall include the following:

• The schedule for personal care and control of the child, including parenting time, holidays, and vacations.
• The education and religious involvement, if any, of the child.
• The health care of the child.
• Child-care arrangements.
• Transportation arrangements.
• A procedure by which proposed changes, disputes, and alleged breaches of the custody order may be adjudicated or otherwise resolved through mediation, arbitration, or other means.
• Any matter specified by the court.
• Any other matter that serves the best interest of the child. 23 Pa.C.S. 5330(b)
• A parenting plan form is provided in the statue and must be used (in substantially the same form) by any party required to submit a plan. 23 Pa.C.S. 5331(c)

Information Programs:
The court may direct the parties to attend informational programs concerning parental duties. You should check your counties local rules to see if an information program is required.  Failure to attend the parenting program in some counties can have an adverse effect your case.

For additional information, please contact Thomas Clark at tclark@tuckerlaw.com or at (717) 221-7952.