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Pennsylvania Family Court: What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

  1. 1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
  2. 2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
  3. 3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. Pennsylvania family law varies by county and is subject to change. Always verify current statutes at legis.state.pa.us and consult a licensed Pennsylvania attorney for your specific situation.

Court System Overview

Court of Common Pleas, Family Division

Pennsylvania handles custody matters through the Family Division of the Court of Common Pleas in each of the state's 67 counties. Custody proceedings are governed by 23 Pa.C.S. Chapter 53 (the Child Custody Act) and the Pennsylvania Rules of Civil Procedure, Title 231, Chapter 1915 (Actions for Custody of Minor Children) and Chapter 1930 (Rules Relating to Domestic Relations Matters Generally). Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under 23 Pa.C.S. Chapter 54; the child must have lived in Pennsylvania for at least six consecutive months before filing to establish "home state" jurisdiction. County-specific local rules supplement the statewide procedural rules, and procedures such as conciliation conferences, mediation, and custody evaluations can vary significantly from county to county.

Legal Custody

Legal custody refers to the right to make major decisions on behalf of the child, including matters of education, healthcare, and religious training (23 Pa.C.S. 5322(a)). Pennsylvania courts may award Shared Legal Custody, in which both parents share the right to make major decisions, or Sole Legal Custody, in which one parent has the exclusive right to make those decisions. Under shared legal custody, both parents must consult and agree on significant decisions, and disagreements may be brought back to the court for resolution.

Physical Custody

Physical custody determines where the child lives and the day-to-day care arrangement. Under 23 Pa.C.S. 5323(a), the court may award any of the following forms of physical custody: Shared Physical Custody (the child lives with each parent for significant, roughly comparable periods), Primary Physical Custody (the child primarily resides with one parent while the other has partial custody), Partial Physical Custody (the right to assume physical custody for less than a majority of the time), Sole Physical Custody (one parent has the child at all times), or Supervised Physical Custody (custodial time is monitored by a court-approved third party or agency).

Presumption

Pennsylvania has no statutory presumption favoring any particular custody arrangement. The court determines custody based solely on the best interest of the child under 23 Pa.C.S. 5328. There is no preference based on the gender of the parent (23 Pa.C.S. 5328(b)). No single factor is determinative; the court examines the totality of the circumstances, giving weighted consideration to factors that affect the safety of the child (23 Pa.C.S. 5328(a.2)).

Best Interest Factors

23 Pa.C.S. 5328(a)(1)-(16)

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

  1. 1 (1) Which party is more likely to ensure the safety of the child (23 Pa.C.S. 5328(a)(1))
  2. 2 (2) The present and past abuse committed by a party or member of the party's household, including past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse (23 Pa.C.S. 5328(a)(2))
  3. 3 (2.1) The information set forth in section 5329.1(a) relating to consideration of child abuse and involvement with protective services (23 Pa.C.S. 5328(a)(2.1))
  4. 4 (2.2) Violent or assaultive behavior committed by a party (23 Pa.C.S. 5328(a)(2.2))
  5. 5 (2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party, if contact is consistent with the safety needs of the child (23 Pa.C.S. 5328(a)(2.3))
  6. 6 (3) The parental duties performed by each party on behalf of the child (23 Pa.C.S. 5328(a)(3))
  7. 7 (4) The need for stability and continuity in the child's education, family life, and community life (23 Pa.C.S. 5328(a)(4))
  8. 8 (5) The availability of extended family (23 Pa.C.S. 5328(a)(5))
  9. 9 (6) The child's sibling relationships (23 Pa.C.S. 5328(a)(6))
  10. 10 (7) The well-reasoned preference of the child, based on the child's developmental stage, maturity, and judgment (23 Pa.C.S. 5328(a)(7))
  11. 11 (8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the child (23 Pa.C.S. 5328(a)(8))
  12. 12 (9) Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child adequate for the child's emotional needs (23 Pa.C.S. 5328(a)(9))
  13. 13 (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child (23 Pa.C.S. 5328(a)(10))
  14. 14 (11) The proximity of the residences of the parties (23 Pa.C.S. 5328(a)(11))
  15. 15 (12) Each party's availability to care for the child or ability to make appropriate child-care arrangements (23 Pa.C.S. 5328(a)(12))
  16. 16 (13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another (23 Pa.C.S. 5328(a)(13))
  17. 17 (14) The history of drug or alcohol abuse of a party or member of a party's household (23 Pa.C.S. 5328(a)(14))
  18. 18 (15) The mental and physical condition of a party or member of a party's household (23 Pa.C.S. 5328(a)(15))
  19. 19 (16) Any other relevant factor (23 Pa.C.S. 5328(a)(16))

Note: The court must consider "all relevant factors" and give substantial weighted consideration to factors (1), (2), (2.1), and (2.2), which affect the safety of the child. Under 23 Pa.C.S. 5328(a.1), added by Kayden's Law (Act 8 of 2024), a factor shall not be adversely weighed against a party if the circumstances were in response to abuse or necessary to protect the child from harm, and temporary housing instability resulting from abuse shall not be held against the alleging party. Under 23 Pa.C.S. 5328(a.2), no single factor is determinative; the court examines the totality of the circumstances. Under 23 Pa.C.S. 5328(b), no party shall receive preference based on gender. Note: Effective August 29, 2025, Act 11 of 2025 consolidates these factors from 16 to 12, combining related concepts while preserving the same substantive considerations. Cases heard on or after that date will apply the streamlined factors.

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Documentation the Court Expects

Pennsylvania courts expect organized, factual documentation aligned with the 23 Pa.C.S. 5328(a) best interest factors. The court requires a verified Complaint for Custody and, under Pa.R.Civ.P. 1915.3-2, a Criminal Record / Abuse History Verification form disclosing any criminal convictions or abuse findings for each party and household member. County-specific local rules may require additional forms. All documents filed with the court must comply with Pa.R.Civ.P. 1930.1 regarding confidential information. Courts strongly favor parents who demonstrate cooperation, focus on the child's needs, and present evidence in an organized manner tied to the statutory factors.

Communication logs (texts, emails, co-parenting app messages) relevant to parenting cooperation and decision-making
Parenting time compliance records, including pickup and drop-off logs, schedule deviations, and no-shows
School records, report cards, attendance records, IEP or 504 plan documents, and teacher communications
Medical, dental, and mental health records for the child, including counseling or therapy records
Financial records including income documentation, child-related expenses, and child support payment history
Police reports, Protection From Abuse (PFA) order documentation, or ChildLine (child abuse hotline) records if applicable
Photos or videos relevant to the child's living environment, well-being, or parenting conditions
Witness declarations or affidavits from individuals with firsthand knowledge of the family situation (teachers, counselors, family members)

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Filing Process

Step by Step

  1. 1 Determine the correct county: File in the county where the child has lived for the past six consecutive months (or since birth if under six months old) to establish home state jurisdiction under 23 Pa.C.S. Chapter 54 (UCCJEA).
  2. 2 Complete and file a Complaint for Custody (Pa.R.Civ.P. 1915.3) with the Prothonotary (clerk of court) in the appropriate county. The complaint must include a verification and set forth claims for physical and legal custody. You must also file the Criminal Record / Abuse History Verification form (Pa.R.Civ.P. 1915.3-2).
  3. 3 Pay the filing fee. Fees vary by county but generally range from $100 to $350. If you cannot afford the fee, file a Petition to Proceed In Forma Pauperis (IFP) to request a waiver.
  4. 4 Serve the other parent. Under Pa.R.Civ.P. 1930.4, original process in custody actions may be served by personal service, by the sheriff, by a competent adult who is not a party, or by certified mail with return receipt requested. You may not serve the papers yourself. File an Affidavit of Service with the court as proof.
  5. 5 Attend mandatory orientation, mediation, or parenting education programs if required by your county. Many counties require completion of a parent education seminar and a mediation orientation before the conciliation conference.
  6. 6 Attend the Custody Conciliation Conference, typically scheduled at least 45 days after filing. A custody conference officer will meet with both parties to encourage agreement. If you reach a full agreement, it is written up as a proposed order for court approval.
  7. 7 If no agreement is reached at conciliation, the conference officer issues a recommended order. Either party may request a pre-trial conference within 20 days of the conciliation order being docketed (timelines vary by county). The court may order a custody evaluation, appoint a guardian ad litem, or order other assessments.
  8. 8 If the case remains unresolved, attend a custody trial before a judge. Each party presents witnesses and evidence. The court must address all 23 Pa.C.S. 5328(a) factors on the record and issue a custody order based on the best interest of the child.

Required Forms

Typical Timeline

Uncontested cases where both parties agree on a parenting plan can be resolved in as little as 2 to 4 months after filing. Most counties schedule the initial conciliation conference approximately 45 to 60 days after filing. Contested cases that require a custody evaluation, guardian ad litem investigation, or trial typically take 6 to 18 months. Custody evaluations alone can add 2 to 6 months. Highly contested cases with complex issues may take longer depending on court scheduling in the specific county.

Self-Represented (Pro Se) Notes

Pennsylvania allows self-representation (pro se) in custody matters. The Unified Judicial System of Pennsylvania provides standardized custody forms and instructions at pacourts.us. Self-represented litigants must file a written Entry of Appearance stating an address for service and a telephone number (effective July 5, 2013). You will be held to the same rules of court and standards of conduct as a licensed attorney. Court staff at the Prothonotary's office cannot provide legal advice but can assist with procedural questions about filing. Many counties maintain self-help centers or provide information packets for pro se litigants. Legal aid organizations such as Pennsylvania Legal Aid Network and local bar association lawyer referral services may offer free or reduced-cost assistance.

Read the full Pro Se Guide

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Modifying a Custody Order

What Counts as a Material Change

Under 23 Pa.C.S. 5338, the court may modify a custody order to serve the best interest of the child. Pennsylvania case law requires the party seeking modification to demonstrate a material or substantial change in circumstances since the entry of the last custody order. The change must be significant enough to warrant revisiting the custody arrangement and must impact the child's welfare or the ability of the parties to comply with the existing order. Common qualifying changes include: relocation of a parent making the current schedule impractical, allegations or findings of abuse or neglect, significant changes in a parent's work schedule or living situation, substance abuse issues, incarceration, medical or mental health changes in a parent or child, and the evolving developmental needs of the child. The burden of proof rests on the party filing the petition.

How to File for Modification

File a Petition for Modification of Custody in the court that issued the original order. The other parent must be properly served. Under 23 Pa.C.S. 5328(d), the court shall provide all parties with a copy of the custody factors within 30 days of receipt of the petition. The court will typically schedule a conciliation conference before setting the matter for hearing. At the hearing, the court applies the same best interest analysis under 23 Pa.C.S. 5328(a), considering all statutory factors. The court must delineate its reasons on the record or in a written opinion. For relocation cases, 23 Pa.C.S. 5337 requires 60 days' advance notice to the other parent before a proposed relocation, and the non-relocating parent may file a counter-affidavit to object. The court holds an expedited hearing before the relocation occurs.

Building Your Case Over Time

Document the specific change in circumstances with concrete evidence including dates, records, and factual details. Provide evidence showing how the current arrangement is no longer in the child's best interest. Relevant documentation includes police reports or PFA records, ChildLine reports, school records showing changes in the child's performance or behavior, medical or mental health records, communication logs showing denial of custody time or failure to cooperate, evidence of relocation, substance abuse assessments, and any other materials tied to the 23 Pa.C.S. 5328(a) best interest factors.

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Key Deadlines & Tips

Deadlines to Know

  • Home state jurisdiction requires the child to have lived in Pennsylvania for at least six consecutive months (or since birth if under six months) before filing (23 Pa.C.S. Chapter 54, UCCJEA)
  • The defendant has 20 days after service to file a responsive pleading (Pa.R.Civ.P. 1026(a))
  • The Custody Conciliation Conference is typically scheduled no fewer than 45 days after filing, though exact timing varies by county
  • Either party may request a pre-trial conference within 20 days after the conciliation order is docketed (county-specific timelines may apply)
  • Relocation notice: A party proposing to relocate must provide at least 60 days' advance written notice to every other person with custody rights (23 Pa.C.S. 5337(c)). The non-relocating party must file a counter-affidavit within 30 days of receipt (23 Pa.C.S. 5337(d))
  • Appeals from custody orders must be filed within 30 days of entry of the order (Pa.R.A.P. 903(a))

Practice Tips for Pennsylvania

1

Pennsylvania courts place substantial weight on which parent is more likely to encourage and permit frequent and continuing contact with the other parent (23 Pa.C.S. 5328(a)(2.3)). Demonstrate consistent cooperation and willingness to co-parent.

2

Keep a detailed parenting time log. Record every pickup, drop-off, late arrival, no-show, and schedule deviation. Under 23 Pa.C.S. 5328(a)(8), the court considers attempts by a party to turn the child against the other parent, so maintain respectful communication and avoid disparaging the other parent.

3

The Criminal Record / Abuse History Verification form (Pa.R.Civ.P. 1915.3-2) is mandatory. Both parties must disclose criminal convictions and abuse findings for themselves and any household member. Failure to disclose can seriously damage your credibility with the court.

4

County-specific rules and procedures vary significantly across Pennsylvania's 67 counties. Always check your local Court of Common Pleas website for additional required forms, local parenting time guidelines, mediation requirements, and specific procedural rules before filing.

5

If a guardian ad litem or custody evaluator is appointed, cooperate fully. Allow home visits, provide all requested documents, and be honest. The evaluator's recommendations carry significant weight with the judge. Never coach your children before interviews.

6

Organize your evidence around the statutory best interest factors in 23 Pa.C.S. 5328(a). Courts respond better to well-organized, factual presentations than to emotional arguments. Address each factor that is relevant to your case with specific supporting documentation.

Official Resources

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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