How to File a Complaint for Custody in Pennsylvania

Where to file

A custody action can be brought in the county that is the child’s home county when the case starts, or that was the home county within six months before the case started if the child is gone but a parent or person acting as a parent still lives there (Pa.R.Civ.P. 1915.2(a)(1)). The home county is where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before filing (or in an institution), or since birth for a child under six months old; a temporary absence does not affect that period (Rule 1915.1(b)).

Rule 1915.2(a) lists narrower fallback options, such as a significant connection to the county when no county qualifies as the home county, or an emergency to protect a child who is present in the county. A court may also transfer a case to a more appropriate county (Rule 1915.2(c)).

What you file

1. The verified complaint. A custody action begins with a verified complaint substantially in the form of Rule 1915.15(a) (Rule 1915.3(a)). The statewide Complaint for Custody (updated July 1, 2025) follows that form.
2. The Order of Court at the front. An order directing the defendant to appear at a time and place is attached to the complaint (Rule 1915.3(b)), in the form of Rule 1915.15(c). The statewide version is posted as Form 5 (updated July 1, 2025). The appearance may be for a conciliation or mediation conference, a pretrial conference, or a hearing; the date and place come from the county’s own scheduling process.
3. The Criminal Record/Abuse History Verification. When you file, you complete, sign, and file with the prothonotary a Criminal Record / Abuse History Verification (updated July 1, 2025) for yourself and every member of your household, and serve the complaint with a copy of it and a blank form for the defendant (Rule 1915.3-2(a)(2)). It is a confidential filing (Rule 1915.3-2(a)(1)).

If you represent yourself, you also file an Entry of Appearance of Self-Represented Party (Rule 1930.8). If you cannot afford the filing costs, see the custody court guide for the in forma pauperis petition.

What the complaint asks

The statewide complaint asks you to state, among other things:

• Your name and address and the defendant’s.
• Which type of custody you seek: shared or sole legal custody, or partial, primary, shared, sole, or supervised physical custody.
• Each child’s name, present residence, and age, who has the child now, and every person and address the child has lived with during the past five years.
• Your relationship to the child and who lives with you, and the same for the defendant.
• Any other custody litigation you have been part of, any pending custody case in Pennsylvania or another state, and anyone else who has or claims custodial rights.
• Paragraph 7: the facts showing that granting your request will serve the child’s best interest and permanent welfare.
• Paragraph 9: if you are not a parent, the facts that give you standing (Rule 1915.3(e)).

You sign a verification that the statements are true and correct, understanding that false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. The verifications guide explains what that means.

Fathers who are not married to the mother

If the child’s mother is not married and the child has no legal or presumptive father, a putative father starting a custody action must file a paternity claim under 23 Pa.C.S. § 5103 and attach a copy to the custody complaint (Rule 1915.3(d)). The rule’s note says that a putative father who is uncertain of paternity should start a civil paternity action under Rule 1930.6 instead.

After you file

The complaint must be served on the defendant within 30 days of filing if the defendant is in Pennsylvania, or within 90 days if the defendant is outside Pennsylvania (Rule 1930.4(e)). The service guide covers the methods and proof of service. Your first in-person contact with the court must be scheduled within 45 days of filing (Rule 1915.4(a)).

If you are the defendant

• No answer is required. Except for preliminary objections (raising jurisdiction, venue, or standing) and a counterclaim, a responsive pleading is not required, and filing one may not delay a hearing or trial (Rule 1915.5(a) and (d)).
• A counterclaim for custody can be filed within 20 days of service or at the time of hearing, whichever comes first, in the same form as a complaint (Rule 1915.5(b)).
• Your own verification form. You must complete, sign, and serve your Criminal Record/Abuse History Verification no less than one day before the initial in-person contact with the court or within 30 days of service, whichever comes first, and file it at that initial contact or within 30 days of service, whichever comes first (Rule 1915.3-2(a)(3)).
• Show up. No custody judgment may be entered by default or on the pleadings (Rule 1915.9), but the order to appear warns that if you fail to appear, an order for custody may be entered against you or the court may issue a warrant for your arrest.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Pa.R.Civ.P. 1915.1, definitions including home county
• Pa.R.Civ.P. 1915.2, venue
• Pa.R.Civ.P. 1915.3, commencement of action
• Pa.R.Civ.P. 1915.3-2, criminal record or abuse history
• Pa.R.Civ.P. 1915.5, no responsive pleading required
• Pa.R.Civ.P. 1915.9, no default judgment
• Pa.R.Civ.P. 1915.15, form of complaint and order
• Pa.R.Civ.P. 1930.4, service of original process
• Pa.R.Civ.P. 1930.8, self-represented party
• Complaint for Custody, statewide form updated July 1, 2025
• Unified Judicial System, custody proceedings forms