How do I file for custody in Pennsylvania?

Where to file

A custody action may be brought in the child’s home county, the county where the child lived with a parent or person acting as a parent for at least six consecutive months before the case, among the other options in Rule 1915.2(a).

What the complaint asks

The statewide complaint asks for the type of custody you seek, where and with whom the child has lived for the past five years, any other custody cases, and, in paragraph 7, the facts showing that your request serves the child’s best interest and permanent welfare. You verify it subject to the penalties of 18 Pa.C.S. § 4904 for unsworn falsification to authorities.

You also complete and file a Criminal Record/Abuse History Verification for yourself and your household, and serve the defendant with a copy and a blank form (Rule 1915.3-2(a)).

After filing

The complaint must be served within 30 days of filing on a defendant in Pennsylvania, or 90 days on a defendant outside Pennsylvania (Rule 1930.4(e)). The first in-person contact with the court, which may be a conference, conciliation, mediation, or a class depending on the county, must be scheduled within 45 days of filing (Rule 1915.4(a)).

The defendant does not have to file an answer (Rule 1915.5(d)) and may file a counterclaim within 20 days of service or at the time of hearing, whichever comes first (Rule 1915.5(b)).