Pennsylvania Family Court: Custody and Parenting-Time Guide
Plain-language Pennsylvania information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.
This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.
State laws, court rules, and forms can change. Automated link checks will run every week once the monitoring job is deployed. Please check each cited source before relying on it. Report a broken link or changed law.
Find the right family court
The custody or parenting-time route described in this guide is handled through the Pennsylvania Courts of Common Pleas. Other family-law matters can follow a different court or procedure.
Pennsylvania identifies its Courts of Common Pleas as trial courts and provides a court finder; the custody page directs filers to confirm the appropriate county court.Sources:Pennsylvania Courts of Common Pleas, Custody Proceedings
How Pennsylvania courts decide custody
In a custody order, Pennsylvania law directs the court to determine the child's best interest by considering all relevant factors and giving substantial weighted consideration to listed safety factors.Sources:23 Pa.C.S. § 5328 Factors to Consider When Awarding Custody
No one custody factor is determinative; the court examines the totality of the circumstances and gives weighted consideration to factors affecting safety.Sources:23 Pa.C.S. § 5328 Factors to Consider When Awarding Custody
Key legal sources
Pennsylvania Consolidated Statutes § 5328Sources:23 Pa.C.S. § 5328 Factors to Consider When Awarding Custody
Parenting time
Pennsylvania's custody rules use legal and physical custody terms; physical custody means actual possession and control of a child.Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children
The statewide custody page directs filers to check the handling county's child-custody procedures, so this draft does not state a county-specific schedule.Sources:Custody Proceedings
Key legal sources
Pennsylvania Rules of Civil Procedure § 1915.1Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children
How to file
This draft covers an initial Pennsylvania parent-to-parent custody complaint in a Court of Common Pleas. It excludes divorce, modification, contempt, emergency, dependency, adoption, interstate, nonparent-standing, and the rule's conditional paternity-claim routes.Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children, Custody Proceedings
Confirm the handling county and local procedure
The statewide custody page says to identify the appropriate county court before beginning and to check that county's current custody procedures. The statewide rules identify venue categories, but this draft does not resolve a county-specific venue or scheduling question.Sources:Custody Proceedings, 231 Pa. Code Chapter 1915. Actions for Custody of Minor Children
Prepare the required initial documents
For this initial route, the rules require a verified custody complaint and an order attached to it. The statewide custody page provides the Complaint for Custody, Form 3 Criminal Record/Abuse History Verification, and Form 5 Scheduling Order; check the county's current filing directions before using them.Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children, Custody Proceedings, Complaint for Custody, Form 3 Criminal Record Abuse History Verification, Form 5 Scheduling Order
File the complaint and required verification
The custody rules require the plaintiff to file the Criminal Record/Abuse History Verification when filing the custody action. The complaint form states that the verification is attached; do not use this parent-to-parent route if its stated conditional paternity or nonparent-standing rules apply.Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children, Complaint for Custody
Complete the applicable service record
Rule 1915.3-2 requires the plaintiff to serve the custody complaint with a copy of the filed Criminal Record/Abuse History Verification and a blank verification form for the defendant. The statewide custody page says to use the affidavit or certificate appropriate to the service method and to consult the applicable rules; the correct service record depends on the method and case.Sources:231 Pa. Code Chapter 1915. Actions for Custody of Minor Children, Custody Proceedings, Form 3 Criminal Record Abuse History Verification
Official forms
Open the official forms portal.
Pennsylvania's statewide custody page provides the initial custody and service forms, directs filers to the appropriate county court, and says the rules prevail if webpage directions differ from the rules.Sources:Custody Proceedings
Free court self-help
Find court self-help near you.
Pennsylvania Custody Proceedings
Provides statewide custody and service form links, county-court selection, and court-rule links; it directs filers to confirm the handling county's procedures.Sources:Custody Proceedings
Legal-aid organizations
Pennsylvania Legal Aid Network
Area served: Pennsylvania; the application is processed by the legal-aid program serving the applicant's county.
A statewide network of independent programs provides civil legal assistance and offers an application for legal services.Sources:Application for Legal Services
Eligibility: The network describes its service as for low-income individuals and families; the receiving county program decides whether it can assist.
North Penn Legal Services
Area served: Northeast Pennsylvania; availability varies by county.
Provides free civil legal services to low-income families and lists children-and-family and child-custody topics.Sources:Legal Topics
Eligibility: It bases eligibility on the legal need, household income, and location, and says an intake and local-office acceptance are required.
Fee waivers
Pennsylvania Rule 240 applies to civil actions, including domestic-relations actions outside its stated protection-order exceptions, and permits a party without financial resources to proceed in forma pauperis.Sources:231 Pa. Code Rule 240 In Forma Pauperis
Who may qualify
A party generally files a petition and affidavit; when filed with the action, the prothonotary dockets the matter without the filing fee, subject to the court's later action on the request.Sources:231 Pa. Code Rule 240 In Forma Pauperis
What to do
Use Form 2 when requesting IFP relief
The Pennsylvania Forms Center provides Form 2, Petition to Proceed In Forma Pauperis. The statewide custody page directs a completed IFP form to the appropriate county records office; confirm the handling county's current practice.Sources:Form 2 Petition to Proceed In Forma Pauperis, Custody Proceedings
Official fee-waiver forms
Key statute or rule
Pennsylvania Rules of Civil Procedure § 240Sources:231 Pa. Code Rule 240 In Forma Pauperis
Attorney cost benchmark
Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.
State and local details to confirm
Pennsylvania's statewide custody page states that the applicable rules control if they differ from the webpage instructions, and county procedures still require confirmation.Sources:Custody Proceedings
Part of Family Law in Your State.