CHILD CUSTODY IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 1, January 2020
WHAT IS A CUSTODY ORDER?
A custody order is a written order signed by a judge.
It defines the amount of time each party will spend
with the child (physical custody) and how major
decisions are made about the child (legal custody).
Physical custody –There are five types:
Shared –
More than one party is allowed to take
physical custody of the child, and each of them
has significant periods of time with the child.
Primary - A party spends the majority (more
than half) of the time with the child. The other
party may get partial or supervised custody.
Partial –
A party spends less than a majority of
time with the child.
Supervised – Custodial time during which an
agency or adult named by the court monitors
interaction between a party and the child.
Sole - One party has physical custody all of the
time.
Legal custody - There are two types:
Shared – More than one party has the right to
make major decisions for the child.
Sole – One party makes all major decisions for
the child.
WHO MAY FILE FOR CUSTODY IN
PHILADELPHIA?
Jurisdiction – Generally, a child must have lived in
Philadelphia for at least 6 months before the court will
hear your case. Exceptions: if the child is under 6
months old, or for certain emergencies such as
abandonment or abuse of the child or the child’s
parent or sibling.
Standing – Who may file for custody?
A parent of the child may file for any form of
physical or legal custody.
Someone who has acted in loco parentis to a
child may file for any type of physical or legal
custody. You have acted in loco parentis if the
child is not your legal child, but you have acted as
a parent and taken on the responsibilities of
parenthood for a period of time with the
consent of a parent or other legal custodian or
under court order.
A grandparent of the child who is NOT in loco
parentis to the child may file for any form of
physical or legal custody, IF:
o A parent of the child allowed the grandparent
to form a relationship with the child OR the
court ordered that the grandparent and child be
permitted to form a relationship; AND
o The grandparent is willing to take
responsibility for the child; AND
o When one of the following conditions is met:
The dependency court has determined that
the child is “dependent” under PA’s child
abuse and neglect law; OR
The court determines that the child is
substantially at risk due to parental abuse,
neglect, drug or alcohol abuse or
incapacity; OR
The child has lived with the grandparent
for at least 12 consecutive months (not
counting brief absences) and is removed
from the home by the parents. In this
case, the grandparent must file for custody
within six months after the removal of the
child from the home.
Grandparents and great-grandparents may also file
for partial physical custody or supervised physical
custody in the following situations:
The parent of the child has died OR
A relationship with the child began with a
parent’s consent or under a court order AND
the parents:
Have started a custody proceeding AND
Do not agree as to whether the
grandparent or great-grandparent should
have partial physical custody OR
The child has lived with the grandparent for at
least 12 consecutive months (not counting
brief absences) and is removed from the home
by the parents. In this case, the grandparent
must file for custody within six months after
the removal of the child from the home.
Note: People who file for custody and people they
file against are called “parties.” Each is a “party.”
CHILD CUSTODY IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 2, January 2020
Anyone who establishes ALL of the
following
Willingness to assume responsibility for
the child.
Has a sustained, substantial and
sincere interest in the welfare of
the child, and
Neither parent has any form of
care and control of the child.
The above provision does not apply
where there is a dependency
proceeding or the child has been
found dependent.
HOW TO FILE FOR CUSTODY
Where do I go?
If you prepare your own petition, file it with the Clerk
of Family Court on the 11
th
floor of the courthouse at
1501 Arch Street, Philadelphia, PA. All custody forms
with instructions are on the Philadelphia Family Court’s
website under Court of Common Pleas-Domestic
Relations at
https://www.courts.phila.gov/forms/
If you need help preparing your custody petition,
you may go to the Intake Unit of Philadelphia
Family Court on the 8
th
floor of the courthouse at
1501 Arch Street, Philadelphia, PA. Staff will help
you prepare your petition. Bring important papers
and information such as birth certificates for
children, previous custody orders, protection from
abuse orders, the opposing party’s address, and
social security numbers for all parties.
You may also go to the Court’s Help Center on
the 11
th
Floor, which is open Monday-Friday,
noon to 3 p.m.
You will need to file two copies with the Court.
One of these copies must be “redacted.” This
means that confidential information such as a
child’s name and date of birth, must be blacked
out. One copy must include the information and
one copy must have it blacked out.
What does it cost?
It costs $107.13 to file for custody.
It costs an extra $42.68 to file for emergency
custody.
Fees are different (or none) for other filings.
What if I cannot afford the filing fee? You may
ask to be excused from paying the fee by filing a
petition to proceed In Forma Pauperis (IFP). Ask for
and fill out an IFP Petition. If you are on public
assistance, medical assistance or SSI, bring your
public assistance photo ID or proof that you receive
these benefits. If you are not on public assistance,
medical assistance or SSI, bring proof of income.
What if I have an urgent situation? There are 2
ways to try to speed up your custody hearing:
Emergency Petition – This is used for cases that
must be addressed the same day, such as those
involving extreme danger to the child. To file a
Petition for Emergency Relief, you must have
already filed one of the following petitions at an
earlier time: Complaint for Custody, Petition to
Modify, or a Petition for Contempt. On the day
you file a master may give a preliminary
assessment of whether your situation is an
emergency. You may choose to proceed with the
emergency petition or not proceed. If you proceed,
the emergency petition is docketed, and the
designated Emergency Judge will rule on your
petition. If you get emergency custody, the court
will schedule a hearing in the very near future to
hear testimony and receive evidence from both
parties.
Expedited Petition – If there is a matter that
needs immediate court attention but is not an
emergency, you may file a petition for an
expedited hearing. Time-sensitive situations for
which you may obtain an expedited hearing
include when you believe the other party has been
charged with a crime and is a risk to the
child’s
safety, the child needs
urgent medical or
educational attention, you are being denied access
to the child, or the other party has changed the
terms of the custody arrangement without your
agreement. You may only file expedited petitions
on Monday, or if the court is closed on Monday,
on Tuesday.
CHILD CUSTODY IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 3, January 2020
Unless you have already done so, you must also
file one of the following petitions: Complaint for
Custody, Petition to Modify, or Petition for
Contempt.
You will receive a Rule to Show Cause
indicating the date and time of your hearing.
The Rule and petition must be provided to the
opposing party in person. This process is called
“personal” service. You cannot do this yourself. It
must be done by an adult who is not your relative
or employee. The person who delivers it should
fill out the affidavit of service and you should
bring it to the hearing with you.
What happens after I file? You and the opposing
party will receive a notice by mail with a hearing date
and must appear in court on that date. If you have
filed an emergency petition, you will be told that day
how to proceed. Be sure to follow the instructions.
HOW DOES THE COURT DECIDE
CUSTODY?
A judge or master, after holding a hearing, decides the
custody arrangement based on what is in the best
interest of the child. The court is required to consider
all relevant factors. It must give more consideration
to factors which affect the safety of the child. The
law lists many factors to consider:
1. Which party is more likely to encourage and
permit frequent and continuing contact between
the child and the other party.
2. Abuse, past and present, by a party or member of
a party’s household. Is there a continued risk of
harm to the child or an abused party? Which party
can better protect and supervise the child?
3. What each party does to parent the child.
4. The need for stability and continuity in the child's
education, family life and community life.
5. The availability of extended family.
6. The child's relationships with sisters and brothers.
7. The preference of the child. The court must
determine if the child carefully thought about
his/her preference. The court must also assess the
child's maturity and judgment.
8. Attempts of a parent to turn the child against the
other parent, except in cases of domestic violence
where reasonable safety measures are necessary to
protect the child from harm.
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.
10. Which party is more likely to attend to the daily
physical, emotional, developmental, educational
and special needs of the child.
11. How close the parties’ homes are to one another.
12. Each party's availability to care for the child or
ability to arrange appropriate child-care.
13. The level of conflict between the parties and the
willingness and ability of the parties to cooperate
with one another. A party's effort to protect a
child from abuse by another party is not evidence
of unwillingness or inability to cooperate with that
party.
14. The history of drug or alcohol abuse of a party or
member of a party's household.
15. The mental and physical condition of a party or
member of a party's household.
16. Any other relevant factor.
What about criminal convictions and abuse
history? The court must also consider certain
criminal convictions and abuse and determine whether
they pose a threat to the child. This includes
convictions and no contest pleas for violent crimes,
including domestic abuse, but also DUI and drug-
related offenses. You must file a Criminal
Record/Abuse History Verification Form with your
complaint and disclose whether you or any member of
your household has a criminal or abuse record, and
whether you are aware of any criminal record/abuse
history of the other party or members of that party’s
household.
To find out if the other party or members of that
party’s household has any criminal convictions or
pleas in Pennsylvania, go to
http://ujsportal.pacourts.us/docketsheets/cp.aspx
and follow the instructions carefully.
This brochure is meant to give
you general information and not
legal advice.
CHILD CUSTODY IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 4, January 2020
If you later learn about criminal charges and believe
those charges pose a risk to the child, you may file a
motion for temporary custody or, if there is an
existing custody order, a motion to modify custody.
Parenting Plans –
When the parties do not agree on
custody, the court may require each party to submit a
parenting plan to help it make a decision. The plan
must include a detailed description of how the parties
will be involved in making decisions about the child
and a schedule of when the child will live with each
party. Your plan must be presented to the court in a
special format. There are limits to how plans may be
used in court. See Parenting Plan brochure for more
detailed information.
HOW DO I PREPARE FOR THE
HEARING?
Testimony – Each party may present their side and
ask questions of the other side. You may prepare a list
of your main points as well as questions that you want
to ask the other party and bring that list to court with
you.
Evidence – You may bring school or medical records
or other important papers or photographs, such as
criminal records printed from
http://ujsportal.pacourts.us/docketsheets/cp.aspx.
Make two copies of whatever you plan on giving to
the court — the judge or master gets the original, the
other side gets a copy and you keep a copy.
You have the right to see everything that the other
side wants to show the court.
Witnesses – You may want to bring witnesses to
testify on your behalf. Witnesses must present a
subpoena to be admitted into the court. Request a
subpoena from the Office of the Clerk of Family
Court on the 11
th
floor of 1501 Arch Street. Blue
subpoenas are for “friendly” witnesses; Red
subpoenas are for witnesses who may not want to
testify and may be enforced by court order. Give your
witnesses the subpoena before the hearing date and
have them show it to the security guard upon entering
the courthouse. Red subpoenas must be given to the
other party a reasonable time in advance of the
hearing. An adult can serve them on another adult, or
they can be served by certified mail, return receipt
requested.
You may want to prepare and bring with you a list of
questions to ask your witnesses and any witnesses the
other party brings. Remember:
Witnesses may only testify to events they have
actually seen.
If your witness can’t come to court, you may ask
the judge to permit your witness to testify by
telephone. You must ask by letter before the
hearing date. Letters or affidavits from witnesses
will not be accepted without the witness present.
Tests and evaluations – If you have concerns about
the other party’s substance abuse, mental health, or
home safety you may ask the court to order the
following services:
Drug test
Mental Health Evaluation
Home Investigation
Be prepared to tell the court why it should issue
any of these orders. You may also file a motion asking
the court to order these services before your hearing.
WHAT HAPPENS IN COURT?
Custody cases are handled in several different ways,
depending on many factors. At different points in
your case, you may:
meet with a Master to see if you
can reach an agreement;
have a hearing before a master; or
have a hearing before a judge if there was no
agreement before a Master.
Before your case is complete, you will have done one
or more of these things.
Remember: An agreement made at court cannot
become a court order until both parties and a judge
sign it. Make sure you understand and agree with any
agreement that you are asked to sign. Do NOT sign
until you understand it fully and agree with it.
This brochure is meant to give you
general information and not legal advice.
CHILD CUSTODY IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 5, January 2020
WHAT IF I DISAGREE WITH THE
CUSTODY ORDER?
If a master or judge makes a decision in your case
after a hearing, you have the right to appeal that
decision. Read your order carefully to make sure that
you do not miss any deadlines for appeal if you
believe the decision is wrong.
If you disagree with a master's proposed order
after a hearing, you may file exceptions within 20
days after the proposed order is mailed to you. In
your exceptions, you must explain in writing why
you think the master’s proposal is wrong. Make
sure the court receives your exceptions within 20
days. After you file, you will have a hearing
before a judge. You must explain to the judge
what the master did wrong.
If you disagree with a judge’s order, you may file
a request for reconsideration. You may wish to
talk to an attorney if you want to file such a
request. You may also file an appeal with the
Superior Court of Pennsylvania within 30 days of
the date of the court order. Appeals are very
complicated. If possible, you should talk to an
attorney if you want to appeal to Superior Court.
Remember, filing a request for reconsideration
does not extend the 30-day time period for
appealing to Superior Court.
WHAT IF THE OTHER PARTY
VIOLATES THE ORDER?
If a party violates a custody order, you may file a
petition for contempt and the court will schedule a
hearing to decide whether the other party is in
contempt and whether to issue sanctions, such as a
fine or imprisonment, or to temporarily change the
terms of the order until a full hearing is held on a
petition to modify. A form and instructions are
available on the Philadelphia Bar Association’s
website.
WHAT IF I WANT TO MOVE AWAY
WITH MY CHILD?
The custody law requires parents who want to relocate
to take a number of steps. These steps begin with notice
to the other party at least 60 days prior to the planned
relocation. In limited circumstances, the party who plans
to move may be permitted to give notice to the other
party later than 60 days before the move, but at least 10
days prior to the move. The steps follow a required
order and must have a particular structure. There are
strict timelines for the entire process.
For help with relocation, you can visit the Family Court
Help Center on the 11th Floor, which is open Monday-
Friday, noon to 3 p.m.
You can also find the necessary forms on the
Philadelphia Family Court’s website under Court of
Common Pleas-Domestic Relations at
https://www.courts.phila.gov/forms/
IS LEGAL HELP AVAILABLE?
Philadelphia Legal Assistance 215-981-3800
Philadelphia Bar Association Lawyer
Referral & Information Service 215-238-6333
You may download all custody forms from the
Philadelphia Family Court’s website under Court
of Common Pleas-Domestic Relations at
https://www.courts.phila.gov/forms/
