________________________________________________________________________________
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [COUNTY NAME]
COURT OF COMMON PLEAS
FAMILY COURT DIVISION
________________________________________________________________________________
[PETITIONER FULL NAME],
Petitioner,
v. No.: _______________
[RESPONDENT FULL NAME],
Respondent.
________________________________________________________________________________
PETITION FOR CUSTODY
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Petitioner [FULL NAME], appearing pro se, hereby files this Petition for
Custody of the minor child(ren) against Respondent [FULL NAME], and in
support thereof states as follows:
PARTIES AND JURISDICTION
- Petitioner [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,
Pennsylvania [ZIP CODE], and has resided at this address for [TIME PERIOD].
- Respondent [FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP CODE].
- This Court has jurisdiction over the subject matter and the parties
pursuant to 23 Pa.C.S. § 5301 (Uniform Child Custody Jurisdiction and
Enforcement Act) and 23 Pa.C.S. § 5322.
- Venue is proper in [COUNTY] County because the child(ren) reside(s)
in this county, and this county has been the child(ren)'s home state
for at least six (6) months immediately preceding the filing of this
Petition.
MINOR CHILD(REN)
- The following minor child(ren) are subject to this custody action:
| Name | Date of Birth | Age | Current Residence |
|---|---|---|---|
| [CHILD 1 NAME] | [DOB] | [AGE] | [ADDRESS] |
| [CHILD 2 NAME] | [DOB] | [AGE] | [ADDRESS] |
- The child(ren) currently reside(s) with:
[ ] Petitioner
[ ] Respondent
[ ] Both parties (describe custody arrangement): [ARRANGEMENT]
- Petitioner is the child(ren)'s:
[ ] Mother
[ ] Father
[ ] Legal Guardian
[ ] Other: [RELATIONSHIP]
- Respondent is the child(ren)'s:
[ ] Mother
[ ] Father
[ ] Legal Guardian
[ ] Other: [RELATIONSHIP]
CURRENT CUSTODY ARRANGEMENT
- The current custody arrangement is:
[ ] No formal custody order exists
[ ] Custody order exists from [COURT], dated [DATE]
[ ] Informal arrangement between the parties
- Describe the current physical custody arrangement:
[DESCRIBE WHO HAS THE CHILD(REN) AND WHEN]
PRIOR PROCEEDINGS
- [ ] There have been NO prior custody proceedings involving these
child(ren) in this or any other jurisdiction.
[ ] There have been prior custody proceedings as follows:
- Court: [COURT NAME AND LOCATION]
- Date: [DATE]
- Case Number: [CASE NUMBER]
- Outcome: [DESCRIBE]
REASONS FOR CUSTODY REQUEST
- Petitioner requests custody based on the following facts and
circumstances:
[PROVIDE DETAILED STATEMENT OF FACTS SUPPORTING CUSTODY REQUEST,
INCLUDING:
- Relationship with the child(ren)
- Ability to provide care
- Stability of home environment
- Child(ren)'s preference (if age-appropriate)
- Any relevant circumstances regarding Respondent]
- Petitioner believes custody with Petitioner is in the best interests
of the child(ren) under 23 Pa.C.S. § 5328, considering the following
factors:
a. The child(ren)'s safety: [DESCRIBE]
b. Parental duties performed by each party: [DESCRIBE]
c. The need for stability and continuity: [DESCRIBE]
d. The child(ren)'s sibling relationships: [DESCRIBE]
e. The child(ren)'s reasonable preference: [DESCRIBE IF APPLICABLE]
f. Any evidence of abuse or neglect: [DESCRIBE OR STATE "None"]
TYPE OF CUSTODY REQUESTED
- Petitioner requests the following custody arrangement:
LEGAL CUSTODY (decision-making authority):
[ ] Sole legal custody to Petitioner
[ ] Shared legal custody between Petitioner and Respondent
PHYSICAL CUSTODY (where the child(ren) reside):
[ ] Primary physical custody to Petitioner
[ ] Shared physical custody
[ ] Partial physical custody to Petitioner
[ ] Supervised physical custody to Respondent
- Proposed custody schedule:
[DESCRIBE THE PROPOSED SCHEDULE FOR PHYSICAL CUSTODY,
INCLUDING WEEKDAYS, WEEKENDS, HOLIDAYS, AND VACATIONS]
VISITATION/PARTIAL CUSTODY
- [ ] Petitioner requests reasonable partial custody/visitation for
Respondent.
[ ] Petitioner requests supervised partial custody/visitation for
Respondent due to: [REASON FOR SUPERVISION]
[ ] Petitioner requests that Respondent's custody/visitation be
restricted due to: [REASON]
CHILD SUPPORT
- [ ] Child support is not addressed in this Petition.
[ ] Petitioner requests that the Court establish child support
pursuant to Pennsylvania Child Support Guidelines (Pa.R.C.P. 1910.16).
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
a. Award Petitioner [sole/shared] legal custody of the minor child(ren);
b. Award Petitioner [primary/shared] physical custody of the minor
child(ren);
c. Establish a custody schedule in the best interests of the child(ren);
d. [If applicable] Order Respondent to pay child support;
e. [If applicable] Restrict or supervise Respondent's custody/visitation;
f. Grant such other and further relief as the Court deems just and
proper in the best interests of the child(ren).
________________________________
[YOUR FULL LEGAL NAME]
Petitioner (Signature)
________________________________
[YOUR FULL LEGAL NAME - PRINTED]
Petitioner (Print Name)
[ADDRESS]
[CITY], PA [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]
________________________________________________________________________________
VERIFICATION
________________________________________________________________________________
I, [YOUR FULL LEGAL NAME], being duly sworn according to law, depose and
say that the facts set forth in the foregoing Petition for Custody are
true and correct to the best of my knowledge, information, and belief.
________________________________
[YOUR FULL LEGAL NAME]
Petitioner
Sworn to and subscribed before me this ___ day of __________, 20___.
________________________________
Notary Public
My Commission Expires: ______________
________________________________________________________________________________
PENNSYLVANIA CUSTODY FILING GUIDE
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CUSTODY TYPES UNDER 23 Pa.C.S. § 5302:
- LEGAL CUSTODY: The right to make major decisions about the child's
life, including education, medical care, and religious upbringing.
- PHYSICAL CUSTODY: The right to have the child live with you.
- PARTIAL CUSTODY: The right to have the child with you for less than
a majority of the time (formerly called "visitation").
- SHARED CUSTODY: Both parents share legal and/or physical custody.
BEST INTEREST FACTORS (23 Pa.C.S. § 5328):
The court considers all factors that affect the child's welfare, including:
- Which party is more likely to encourage and permit frequent contact
with the other party
- Any present or past abuse
- Parental duties performed by each party
- Need for stability and continuity
- Availability of extended family
- Child's sibling relationships
- Child's reasonable preference (if mature enough)
- Any attempts by one parent to turn the child against the other
- Which party is more likely to maintain a loving and stable relationship
- Any other relevant factor
FORMATTING REQUIREMENT (Pa.R.C.P. No. 204.1):
Every document filed with a Pennsylvania court must have a 3-inch (3") blank
top margin on the first page. Subsequent pages require a minimum 1-inch top
margin. Verify margins before filing.
CONFIDENTIAL INFORMATION FORM (Pa.R.C.P. No. 207.1 — Effective Jan. 1, 2022):
Do NOT include in this or any public court document:
• Social Security Numbers — use last 4 digits only, or submit separately on
AOPC Form 3 (Confidential Information Form)
• Financial account numbers — last 4 digits only
• Driver's license numbers — submit on AOPC Form 3
• Minor children's full dates of birth — submit on AOPC Form 3
File completed AOPC Form 3 with the Prothonotary/Clerk separately from this
filing. Download at: www.pacourts.us/forms/for-the-public
FILING FEES (vary by county):
- Petition for Custody: Approximately $100-200
- Motion fees: Approximately $20-50
REQUIRED DOCUMENTS:
- Petition for Custody (this document)
- Family Court Cover Sheet
- Criminal Record/Abuse History Verification
- Income and Expense Statement (if support requested)
PENNSYLVANIA CUSTODY PROCESS:
- FILE Petition at the Court of Common Pleas
- SERVE the other parent with a copy
- ATTEND a custody conference or mediation (required in most counties)
- ATTEND a hearing if no agreement is reached
- RECEIVE a custody order from the judge
PARENTING COORDINATION:
In high-conflict cases, the court may appoint a parenting coordinator
to help resolve disputes.
GUARDIAN AD LITEM:
In contested cases, the court may appoint an attorney to represent
the child's interests.
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LEGAL DISCLAIMER
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This document is provided for informational purposes only and does not
constitute legal advice. Child custody proceedings can be complex and
emotionally challenging. You should consult with a licensed Pennsylvania
family law attorney before proceeding.
Pennsylvania custody laws are subject to change. Verify current
requirements with the Pennsylvania Consolidated Statutes or a qualified
attorney.