Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN
Rule 1915.3 - Commencement of Action. Complaint. Order

Universal Citation: 231 PA Code ยง 1915.3

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Except as provided in subdivision (c), the plaintiff shall commence a custody action by filing a verified complaint substantially in the form provided by Pa.R.C.P. No. 1915.15(a).

(b) An order shall be attached to the complaint or petition for modification directing the defendant to appear at a time and place specified. The order shall be substantially in the form provided by Pa.R.C.P. No. 1915.15(c).

(c) A custodyclaim that is joined with a divorce action shall be asserted in the divorce complaint or a subsequent petition, which shall be substantially in the form provided by Pa.R.C.P.No. 1915.15(a).

(d) If the child's mother is not married and the child has no legal or presumptive father, a putative father initiating a custody action shall file a paternity claim pursuant to 23 Pa.C.S. § 5103 and attach a copy to the custody complaint.

(e) Pleading Facts Establishing Standing.

(1) Anindividual seeking physical or legal custody of a child, who is in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(2) in Paragraph 9(a) of the complaint in Pa.R.C.P. No. 1915.15(a).

(2) A grandparent seeking physical or legal custody of a grandchild, who is not in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(3) in Paragraph 9(b) of the complaint in Pa.R.C.P. No. 1915.15(a).

(3) An individual seeking physical or legal custody of a child, who is not in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(4) and (5) in Paragraph 9(c) of the complaint in Pa.R.C.P. No. 1915.15(a).

(4) A grandparent or great-grandparent seeking partial physical custody or supervised physical custody of a grandchild or great-grandchild shall plead facts establishing standing under 23 Pa.C.S. § 5325 in Paragraph 9(d) of the complaint in Pa.R.C.P. No. 1915.15(a).

(f) An un emancipated minor parent may commence, maintain , or defend a custody action of the minor parent's child without the requirement of the appointment of a guardian for the minor parent.

Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.