To file for child custody in Pennsylvania, you prepare a custody complaint and two required companion forms, take them to the Prothonotary’s office in the county where your child has been living, pay the filing fee, and formally serve the other parent. The court then schedules a conference or mediation, and most cases resolve there. The steps are straightforward on paper, but each one has rules that will send your case back to the start if you miss them.
Confirm You Have Standing to File
Pennsylvania does not limit custody filings to biological parents. Under 23 Pa. C.S. § 5324, three groups can seek any form of legal or physical custody: a parent of the child, a person who has been standing in the role of a parent, and a grandparent who is not acting as a parent but meets the statute’s additional conditions.1Pennsylvania General Assembly. Pennsylvania Code Title 23 – Section 5324 Standing for Any Form of Physical Custody or Legal Custody
Grandparents and great-grandparents have a separate, narrower route under 23 Pa. C.S. § 5325 that only allows them to seek partial or supervised physical custody. If you are a grandparent hoping for primary or sole custody, you need to qualify under § 5324 instead.
Someone with no biological or legal tie to the child may qualify as standing “in loco parentis” if they have been raising the child. Courts decide this case by case, looking at how long the relationship lasted, how much of the daily caregiving the person did, and whether the biological parents accepted that role.
Decide What Type of Custody to Request
Before you fill out anything, you need to know what to ask for. Pennsylvania recognizes seven forms of custody under 23 Pa. C.S. § 5323, split between physical custody (where the child lives) and legal custody (who makes major decisions about education, health care, and religion).2Pennsylvania General Assembly. Pennsylvania Code Title 23 – Section 5323 Award of Custody
Physical custody comes in five forms:
- Shared physical custody, where the child lives with both parents for significant periods (not necessarily a 50/50 split).
- Primary physical custody, where the child lives mostly with one parent and the other has partial custody.
- Partial physical custody, meaning defined periods that add up to less than the majority of the time.
- Sole physical custody, where one parent has exclusive physical custody.
- Supervised physical custody, where time with the child is overseen by a third party or agency.
Legal custody is either shared, with both parents deciding major issues together, or sole, with one parent deciding. Most Pennsylvania courts favor shared legal custody unless there is a specific reason against it, such as a history of abuse or a complete inability to cooperate.
Figure Out Where to File
Two separate questions decide where you file: does Pennsylvania have authority over the case, and which county within Pennsylvania is the right one.
Does Pennsylvania Have Jurisdiction
Pennsylvania follows the Uniform Child Custody Jurisdiction and Enforcement Act. Under 23 Pa. C.S. § 5421, a Pennsylvania court can make an initial custody ruling only if the state is the child’s “home state,” meaning the child has lived in Pennsylvania for at least six consecutive months right before you file. If the child is under six months old, Pennsylvania qualifies if the child has lived here since birth.3Fifth Judicial District of Pennsylvania. Eligibility, Standing, and Jurisdiction for Filing
If the child recently moved to Pennsylvania, the state does not have jurisdiction until that six-month clock runs. If the child recently left, Pennsylvania may still be the home state. Filing in the wrong state can get the whole case dismissed.
Which County
Once Pennsylvania has jurisdiction, you file in the county where the child has been living for the past six months.4Fifth Judicial District of Pennsylvania. How Do I Start a Custody Case If the court finds your county is the wrong forum, your complaint will be dismissed and your filing fee will not come back to you. When there is any doubt, file where the child sleeps most nights and attends school.
Prepare the Three Required Documents
Pennsylvania Rule of Civil Procedure 1915.15 sets the standard complaint form every county uses. You can download the forms from the Pennsylvania Unified Judicial System website or pick them up at your county’s Prothonotary office.5Unified Judicial System of Pennsylvania. Forms for the Public Three documents go in together.
The Complaint
The Complaint for Custody identifies you, the other party, and each child. It asks what type of custody you want and where the child lives now. You must list every address where the child has lived for the past five years, with dates, plus the names and current addresses of every adult who lived with the child during that time.6Legal Information Institute. Pennsylvania Code Rule 1915.15 – Form of Complaint, Caption, Order, Petition to Modify a Custody Order The five-year history helps the court confirm jurisdiction and identify anyone else with a possible stake.
Criminal Record and Abuse History Verification
Everyone filing for custody must complete a Criminal Record/Abuse History Verification under Rule 1915.3-2.7Legal Information Institute. Pennsylvania Code Rule 1915.3-2 – Criminal Record or Abuse History You disclose past convictions, guilty pleas, and pending charges for yourself and every adult in your household. This is not a formality. At the first in-person proceeding, the judge or conference officer evaluates whether anyone with a record poses a risk to the child.
Under 23 Pa. C.S. § 5329, certain offenses trigger heightened scrutiny, including criminal homicide, sexual assault, aggravated assault, and driving under the influence.8Pennsylvania General Assembly. Pennsylvania Code Title 23 – Section 5329 Consideration of Criminal Conviction If you or a household member has one of those convictions, the court has to determine you are not a threat before awarding you custody. Leaving a qualifying offense off the form can badly damage your credibility.
Confidential Information Form
A Confidential Information Form filed alongside the complaint carries sensitive data the court needs (Social Security numbers, financial identifiers) but that stays out of the public record.9Courts of Philadelphia. UJS Public Access Policy – How to File Documents with Confidential Information Redact all confidential information from the complaint itself. Do not submit an unredacted version.
File the Complaint and Pay the Fee
Take your completed paperwork to the Prothonotary’s office (some counties call it the Office of Judicial Records). Bring the signed originals plus at least three copies. The court keeps the original and one copy, you keep one, and the rest are for serving the other parties.
Every county charges a filing fee, and the amount varies. It typically falls somewhere between $100 and $175 for an initial custody complaint. Franklin County, for example, charges $116.75.10Franklin County, PA. Prothonotary Fee Schedule Call your Prothonotary before you go to confirm the amount and payment methods. The clerk time-stamps everything and assigns a docket number.
If you cannot afford the fee, petition to proceed In Forma Pauperis under Pa. R.C.P. 240. That requires a sworn statement of your income, expenses, property, and debts, along with a statement that you cannot get the funds from family or associates.11Pennsylvania Code and Bulletin. Pennsylvania Code Rule 240 – In Forma Pauperis If the court grants it, you pay nothing.
Serve the Other Parent
Filing starts the case, but it does nothing to the other party until they are formally served. Pennsylvania Rule 1930.4 governs service in domestic relations cases.12Legal Information Institute. Pennsylvania Code Rule 1930.4 – Service of Original Process in Domestic Relations Matters You have two main options.
The first is personal service. A sheriff or any competent adult who is not a party to the case hand-delivers the papers. The server can hand them to the defendant directly, leave them with an adult family member at the defendant’s home, or deliver them to the defendant’s workplace.
The second is certified mail with return receipt requested. The return receipt proves the other party got the documents and gives you a delivery date to file with the court.
You cannot serve the papers yourself. Once service is done, file an Affidavit of Service with the Prothonotary showing when, where, and how it happened. If you cannot locate the other parent, you may need to petition the court for service by publication or another alternative method, which will add time and cost.
What Happens After You File
Once the complaint is filed and served, the court sends a scheduling order listing your required events. The pace varies by county, but the first substantive step usually lands within four to six weeks.13Clarion County, PA. Custody Information
Conciliation Conference or Mediation
Most Pennsylvania counties require the parties to try to resolve the case before trial. Some counties run a conciliation conference with a court-appointed conference officer. Others require mediation with a neutral mediator. Some require both. In Chester County, all custody complaints are automatically referred to mediation, and both parties must contact the assigned mediator within three days of receiving the complaint.14Chester County, PA. Chester County Custody Mediation Rules
If you and the other parent reach an agreement, the officer can draft a consent order for the judge to sign. That order becomes your enforceable custody arrangement and the case is over. Most Pennsylvania custody cases end here.
Parenting Education
Many counties require both parents to attend a parenting education seminar about how separation and custody disputes affect children. These programs run a few hours and typically cost between $30 and $60 per person, though some counties offer them free. Your scheduling order or the court administrator’s office will tell you whether your county requires one and when.
If You Cannot Agree
When mediation or conciliation fails, either party can request a pre-trial conference, which has to be scheduled at least 30 days before trial. The court narrows the disputed issues, handles any outstanding discovery, and sets a firm trial date.15Unified Judicial System of Pennsylvania. Pennsylvania Rule of Civil Procedure 1915.4-4 – Pre-Trial Procedures At trial, a judge hears testimony, reviews evidence, and applies the 16 best-interest factors listed in 23 Pa. C.S. § 5328, giving substantial weight to any factor affecting the child’s safety.16Pennsylvania General Assembly. Pennsylvania Code Title 23 – Section 5328 Factors to Consider When Awarding Custody The court cannot prefer either parent based on gender.
If Your Child Is in Immediate Danger
The standard filing process is not built for emergencies. If your child faces a serious, factually provable, immediate risk to health or safety, Pennsylvania lets you file an Emergency Petition for Special Relief in Custody. A disagreement about the visitation schedule will not clear the bar.
An emergency petition cannot stand alone. It has to be filed together with a new custody complaint, a petition to modify an existing order, or a petition for contempt.17Dauphin County Court of Common Pleas. Emergency Petition for Special Relief in Custody Instructions On the petition itself, refer to children by number (Child 1, Child 2), not by name; their full names and dates of birth go only on the Confidential Information Form. The Prothonotary sends the original to a judge through the Court Administrator’s office, and most orders arrive by mail. You still have to serve the other party immediately, using the sheriff or certified mail with return receipt requested.