Verifications and Affidavits in Pennsylvania Family Court

Two words the rules define

Pennsylvania’s civil rules define both terms in Rule 76:

• Verified, used for a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
• An affidavit is a signed written statement of facts that is either sworn to or affirmed before an officer authorized to administer oaths, or is unsworn and contains a statement that it is made subject to the penalties of 18 Pa.C.S. § 4904.

These definitions apply when the words are used in the Rules of Civil Procedure, unless the context clearly indicates otherwise or the chapter defines the word itself. A statute, a court order, or a form your county publishes may have its own requirements, so read it.

What section 4904 says

Section 4904 of the Crimes Code makes it a crime to make a written false statement you do not believe to be true in these circumstances:

• With intent to mislead a public servant in performing an official function: a misdemeanor of the second degree (§ 4904(a)).
• On or pursuant to a form bearing notice, authorized by law, that false statements made in it are punishable: a misdemeanor of the third degree (§ 4904(b)).

A person convicted under the section must also be sentenced to pay a fine of at least $1,000, in addition to any other penalty (§ 4904(d)). A verification is not a formality.

Forms that carry a verification

Each of these statewide forms ends with a verification subject to § 4904:

• The Complaint for Custody (Rule 1915.15(a)).
• The Petition for Modification of a Custody Order (Rule 1915.15(b)).
• The Criminal Record/Abuse History Verification, which you verify as true and correct to the best of your knowledge, information, or belief (Rule 1915.3-2(c)).
• The Petition for Civil Contempt for Disobedience of Custody Order (Rule 1915.12(c)).
• The Counter-Affidavit Regarding Relocation, which the statute requires to be verified subject to § 4904 (23 Pa.C.S. § 5337(d)(1)).
• The support complaint, the Income Statement, the Expense Statements, and the petition to modify support (Rule 1910.27).

Do you need a notary?

The statewide forms above use the § 4904 verification and have no notary block. For support, the rules committee’s explanatory comment to Rule 1910.27 says directly that the support complaint and the Income and Expense Statements contain that verification and that a notary public is not needed.

Other affidavits you may see

• Proof of service. When someone other than a sheriff serves original process, the proof of service is made by affidavit (Rule 1930.4(h)(1)).
• Confirming a relocation. If no one objects to a proposed relocation, the moving party files an affidavit that notice was given and no objection was filed, among other papers (23 Pa.C.S. § 5337(e)).
• Supervisors. A nonprofessional adult designated to supervise custodial time under § 5323(e.1) must appear before the court and execute an affidavit of accountability.

Writing statements you can stand behind

• Say what you saw, heard, or did yourself. If something is based on what you were told, say so and say who told you.
• Use dates, times, and places. “On March 3 at 6 p.m. at the exchange in the school parking lot” is stronger than “always late.”
• Leave out guesses about the other parent’s motives and anything you cannot support. Accuracy matters more than volume.
• Read the whole form again before you sign. You are verifying every statement on it.

Primary sources

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

• Pa.R.Civ.P. 76, definitions of affidavit and verified
• 18 Pa.C.S. § 4904, unsworn falsification to authorities
• Pa.R.Civ.P. 1915.3-2, Criminal Record/Abuse History Verification
• Pa.R.Civ.P. 1915.12, civil contempt petition form
• Pa.R.Civ.P. 1915.15, complaint and petition forms
• Pa.R.Civ.P. 1910.27, support forms and explanatory comment
• Pa.R.Civ.P. 1930.4, proof of service
• 23 Pa.C.S. § 5337, relocation counter-affidavit
• 23 Pa.C.S. § 5323, supervised physical custody