Filing for Custody in PA: Step-by-Step Process for 2026

Filing for custody in Pennsylvania starts with paperwork most parents have never seen before — a custody complaint, a criminal history verification form, and a confidential information sheet — all filed at your county's Court of Common Pleas. The process itself is manageable, but the sequence matters. Miss a step or botch service of process, and you're looking at delays that drag an already stressful situation out for months.

Here's exactly what to do, in order.

Confirm You Can File in Pennsylvania

Pennsylvania courts can only hear your custody case if the state qualifies as your child's "home state" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at 23 Pa.C.S. § 5401. In practical terms, your child must have lived in Pennsylvania with a parent for at least six consecutive months immediately before you file. For infants under six months, Pennsylvania is the home state if the child has lived here since birth.

You file in the appropriate county's Court of Common Pleas, usually the child's home county under the venue rules. If you're also filing for divorce, custody can be joined to the divorce complaint or filed as a standalone action — either way, it goes through the same court.

Prepare Your Filing Packet

You'll need three core documents:

The Complaint for Custody — filed under Pa.R.C.P. 1915.15(a). This is the main pleading. It identifies both parents, lists the children, states what custody arrangement you're requesting (shared, primary, sole), and explains why.

Criminal Record / Abuse History Verification — required under Pa.R.C.P. 1915.3-2. You must disclose convictions or pending charges for the specified offenses, plus the abuse-history information required by the form, for yourself and every adult member of your household. The other parent must file their own verification on or before their first in-person contact with the court or within 30 days of service, whichever occurs first.

Confidential Information Form (CIF) — this keeps sensitive details (children's full names, dates of birth, Social Security numbers) off the public docket.

Some counties require additional documents. Philadelphia wants a Civil Cover Sheet. Chester County has its own local intake forms. Check your county prothonotary's family court page before you go.

File at the Prothonotary and Pay Fees

Take the completed packet to the Prothonotary or Family Court Clerk at your county's Court of Common Pleas. Filing fees for a standalone custody complaint typically run around $162, though this varies by county — Allegheny County charges around $210 for combined filings, while Philadelphia runs $333.73 for divorce with custody.

If you can't afford the fees, file a Petition to Proceed In Forma Pauperis (IFP) with a detailed Financial Affidavit under Pa.R.C.P. 240. The court reviews your income and assets and may waive the fees.

Keep the time-stamped copies the clerk gives you back. You'll need them for service.

Serve the Other Parent

This is where many pro se filers trip up. You cannot hand-deliver the papers yourself. Service must be performed by a non-party adult — typically a county sheriff or a private process server — or by certified mail with return receipt requested, restricted delivery.

The deadline: if the other parent lives in Pennsylvania, service must happen within 30 days of filing. If they're out of state, you have 90 days.

After service is completed, file an Affidavit of Service with the Prothonotary to prove it's done. Without this proof on file, the court can't move your case forward.

What Happens After Filing

Once the complaint is served, the process moves through several stages:

Mandatory parenting education — most counties require both parents to complete a co-parenting seminar. In Allegheny County, that's the "Able to Adjust" online course through the Generations Program. Montgomery County runs "Our Children First." These typically cost $35–$75 and take 4–6 hours.

Mandatory mediation — many judicial districts refer custody cases to mediation, where a neutral mediator helps you negotiate a parenting schedule. Attendance at the orientation is required, but agreeing to anything is voluntary. If you or your child were the subject of domestic violence or child abuse perpetrated by the other party within the last 24 months, you can request a waiver from mediation under Pa.R.C.P. 1915.4-3.

Custody conciliation conference — if mediation doesn't resolve things, a court-appointed conference officer meets with both parents and their attorneys. The officer evaluates each side's position and tries to broker a settlement. If that fails, the officer issues a recommended interim order.

Trial — if either parent files a formal demand for a de novo trial and a Certificate of Trial Readiness within the applicable local deadline, the case goes before a Court of Common Pleas judge for a full evidentiary hearing. The judge evaluates the 12 best-interest factors under Act 11 of 2025 and issues a written custody order.

Most cases settle at the conciliation stage. Trials are the exception, not the rule.

County-Specific Filing Details to Watch

Pennsylvania's 67 counties each have their own local rules, and the differences catch people off guard:

• Philadelphia County prohibits electronic filing for initial custody pleadings — you must file in person at 1501 Arch Street
• Lehigh County mandates electronic filing
• Chester County requires mediation scheduling within 30 days of filing
• Allegheny County routes all custody cases through its Generations Program before any conference is scheduled

Call your county's family court clerk before filing to confirm current local requirements.

Building Your Case from the Start

The custody complaint you file sets the baseline for your case, but the court ultimately decides custody based on the child's best interests — not on who filed first. What matters more than timing is preparation: documenting your parenting involvement, understanding the 12 statutory factors judges evaluate, and knowing how to present a workable parenting schedule at your conciliation conference.

If you're navigating the custody filing process on your own, the Pennsylvania Child Custody & Parenting Plan Guide walks through each stage — from completing the complaint forms to preparing for your first conference officer meeting — with worksheets for the best-interest factors and age-appropriate schedule templates.

See more Pennsylvania guides →