Pennsylvania Child Custody Petition — Your Filing Guide
What This Document Does
This complaint asks the court to establish custody of your minor child(ren). It sets up legal custody (decision-making authority) and physical custody (where the child lives). Pennsylvania courts decide custody based on the "best interests of the child."
When to Use This
- You and the other parent cannot agree on custody
- No custody order exists and you need one
- You want to modify an existing custody order
- You need to establish legal paternity and custody
Before You File
Gather These Documents:
- [ ] Children's birth certificates
- [ ] Any existing custody orders
- [ ] Proof of paternity (if not married to the other parent)
- [ ] School records
- [ ] Medical records
- [ ] Any police reports or protection orders
- [ ] Proof of income for both parents
- [ ] $250 filing fee OR fee waiver application
Understand Custody Types:
Legal Custody: Who makes major decisions (school, medical, religion)
- Sole: One parent decides
- Shared: Both parents decide together
Physical Custody: Where the child lives
- Primary: Child lives mostly with one parent
- Shared: Child splits time between parents
- Partial/Visitation: Non-custodial parent's time
Step-by-Step Filing
Step 1: Complete the Complaint
Fill in every blank:
- Your information — name, address, Social Security number
- Other parent's information — name, address (or "unknown")
- Children's information — names, dates of birth, current addresses
- Current custody situation — who has the children now
- What you're asking for — legal and physical custody
- Reasons — why your request is in the children's best interests
Step 2: Make Copies
Make 3 copies:
- Original for the court
- 1 copy for yourself
- 1 copy for the other parent
Step 3: File with the Court
Where to file:
- Court of Common Pleas, Family Court Division, in your county
- File where the child has lived for the last 6 months
Major Courts:
- Philadelphia County: 1501 Arch Street, Philadelphia, PA 19102
- Allegheny County (Pittsburgh): 440 Ross Street, Pittsburgh, PA 15219
- Montgomery County: 2 Airy Street, Norristown, PA 19401
- Bucks County: 100 North Main Street, Doylestown, PA 18901
- Delaware County: 201 West Front Street, Media, PA 19063
Bring:
- Completed complaint
- Children's birth certificates
- Filing fee ($250) or fee waiver application
- Proof of residency
Step 4: Serve the Other Parent
The other parent MUST receive a copy of the complaint. You cannot serve them yourself.
Options:
- Sheriff's office (approximately $50)
- Private process server
- Certified mail with return receipt
Step 5: Attend the Custody Conciliation
Before trial, Pennsylvania requires custody conciliation — a meeting with a conciliator to try to reach an agreement.
Bring:
- All filed documents
- Proposed custody schedule
- Information about your work schedule, child's school, etc.
What happens:
- The conciliator helps you try to reach an agreement
- If you agree, the conciliator drafts an order
- If you don't agree, the case goes to a hearing
Step 6: Attend the Hearing (If Needed)
If conciliation fails, a judge or hearing officer decides.
Bring:
- All documents
- Witnesses (teachers, doctors, family members)
- Evidence of your involvement in the child's life
What to say:
- "Your Honor, I am [YOUR NAME]. I filed for custody on [DATE]."
- "I am requesting [sole/shared] legal custody and [primary/shared] physical custody."
- Focus on the child's best interests, not complaints about the other parent
Best Interests of the Child
Pennsylvania courts consider:
- Which parent is more likely to encourage contact with the other parent
- Any history of abuse or domestic violence
- Parental duties performed by each parent
- Stability of the child's current arrangement
- Child's preference (if mature enough)
- Sibling relationships
- Each parent's ability to provide love, affection, and guidance
- Geographic proximity of parents' homes
- Each parent's availability
- Any other relevant factor
Frequently Asked Questions
Q: Can I get custody without a lawyer?
A: Yes. Many parents represent themselves. Free legal help is available.
Q: What if the other parent doesn't show up?
A: The court may enter a default order in your favor.
Q: Can custody be changed later?
A: Yes. Either parent can file to modify custody if circumstances change.
Q: What if there's domestic violence?
A: Tell the court immediately. Pennsylvania has special protections.
Q: Do grandparents have rights?
A: Yes. Grandparents can petition for partial custody under certain circumstances.
Legal Aid Resources
If you need free legal help:
- Philadelphia Legal Assistance: (215) 981-3800
- Pittsburgh Legal Services: (412) 255-6520
- MidPenn Legal Services: (800) 326-9177
- North Penn Legal Services: (800) 833-4411
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.