What to Expect at a Pennsylvania Custody Hearing or Trial

Getting the case listed for trial

Within 180 days of the complaint, either the court automatically schedules a trial or a party files a praecipe, motion, or request for trial, depending on the county’s procedure (Pa.R.Civ.P. 1915.4(b)). If it is not the court’s practice to schedule automatically and no one asks within that time, the court must dismiss the case unless an extension was granted for good cause or dismissal is not in the child’s best interests. Before dismissing on its own, the court notifies the parties, who have 20 days to object.

The pre-trial conference

Any party can request a pre-trial conference with a judge by praecipe after a conciliation or conference, and the court can schedule one on its own (Rule 1915.4-4(a)). Each party files a pre-trial statement at least five days before it, listing witnesses and experts and attaching a proposed custody order, and serves proposed exhibits on the other party (Rule 1915.4-4(b) and (c)). The court considers the issues, agreements, expert issues, settlement or mediation, and any criminal record, abuse history, or children and youth agency involvement, and sets a trial date if none exists (Rule 1915.4-4(f)). Its order then controls the rest of the case unless modified at trial to prevent manifest injustice (Rule 1915.4-4(g)).

Trial timing

• Trial before a judge must begin within 90 days of the scheduling order, and if it is not heard on consecutive days, it must be concluded within 45 days of starting (Rule 1915.4(c)).
• The judge’s decision is due within 15 days of the end of trial, unless extended for good cause by order, and never later than 45 days after the end of trial (Rule 1915.4(d)).
• If your case went to a hearing officer under Rule 1915.4-2, the deadline that matters is the 20 days to file exceptions to the report. Each exception must state a separate objection precisely, and matters not covered are deemed waived unless the court grants leave before the final order (Rule 1915.4-2(b)(4)).

Children, evaluators, and the guardian ad litem

• Your child does not have to come to a conference, hearing, or trial unless the court orders it or the child is otherwise compelled to testify on the record (Rule 1915.11(c)).
• If the judge interviews the child, it happens in open court or in chambers, on the record. If every party has a lawyer, the lawyers may question the child under the court’s supervision; otherwise a self-represented party may submit written questions that the court may include (Rule 1915.11(b)).
• An evaluator whose report or information is provided to the court is subject to cross-examination by every party, no matter who paid (Rule 1915.8(b)).
• A guardian ad litem who testifies does so under oath and may be cross-examined. A child’s statement repeated in the guardian ad litem’s report or testimony is not substantive evidence (Rule 1915.11-2(d) and (e)).

How to prepare

1. Update your Criminal Record/Abuse History Verification if anything has changed. After the first in-person contact with the court, each party must serve an updated form five days after any change in circumstances or no less than one day before any proceeding, whichever occurs first, and file it within 14 days of the change or five days before any court proceeding, whichever occurs first (Rule 1915.3-2(a)(4)).
2. Organize your testimony around the § 5328 factors, safety factors first, with dates and specific examples.
3. Bring copies of every exhibit for the judge, the other party, and yourself, and a written proposed schedule.
4. Confirm your witnesses will attend, and if one cannot, ask the court in advance about testimony by electronic means (Rule 1930.3).

The decision and order

The judge may decide custody before the testimony is transcribed and must state the reasons for the decision on the record in open court or in a written opinion or order (Rule 1915.10(a); 23 Pa.C.S. § 5323(d)). The custody order must be a separate written order, or a separate section of a written opinion, with terms specific enough to enforce, and it must include notice of each party’s relocation obligations and the ongoing duty to update the Criminal Record/Abuse History Verification (Rule 1915.10(b) and (c)).

After the order

A party may not file a motion for post-trial relief to an order of legal or physical custody (Rule 1915.10(d)). A notice of appeal is generally due within 30 days after the order is entered (Pa.R.A.P. 903(a)). Custody appeals are Children’s Fast Track appeals (Pa.R.A.P. 102), which have additional filing requirements, so read the appellate rules or talk to a lawyer well before the deadline.

Primary sources

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

• Pa.R.Civ.P. 1915.4, prompt disposition of custody cases
• Pa.R.Civ.P. 1915.4-2, hearing officer report and exceptions
• Pa.R.Civ.P. 1915.4-4, pre-trial procedures
• Pa.R.Civ.P. 1915.3-2(a)(4), updating the verification form
• Pa.R.Civ.P. 1915.8, evaluations
• Pa.R.Civ.P. 1915.10, decision and order
• Pa.R.Civ.P. 1915.11, child interview and attendance
• Pa.R.Civ.P. 1915.11-2, guardian ad litem
• Pa.R.Civ.P. 1930.3, testimony by electronic means
• 23 Pa.C.S. § 5323(d), reasons for award
• Pa.R.A.P. 102, Children’s Fast Track appeal
• Pa.R.A.P. 903, time for appeal