Pennsylvania Statutes Web Site

PENNSYLVANIA RULES OF CIVIL PROCEDURE

Rules 1915.1 to 1915.25. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN.

RULE 1915.1 Scope. Definitions.
RULE 1915.2 Venue.
RULE 1915.3 Commencement of Action. Complaint. Order.
RULE 1915.4. Prompt disposition of custody cases.
RULE 1915.4-1 Alternative Hearing Procedures.
RULE 1915.4-2 Office Conference, Hearing, Record, Exceptions, Order.
RULE 1915.5 Question of Jurisdiction or Venue. No Responsive Pleading by Defendant Required. Counterclaim. Discovery.
RULE 1915.6 Joinder of Parties.
RULE 1915.7 Consent Order.
RULE 1915.8 Physical and Mental Examination of Persons.
RULE 1915.9 No Default Judgment.
RULE 1915.10 Decision.
RULE 1915.11 Appointment of Attorney for Child. Interrogation of Child. Attendance of Child at Hearing or Conference.
RULE 1915.12 Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.
RULE 1915.13 Special Relief.
RULE 1915.14 Disobedience of Order. Arrest. Contempt.
RULE 1915.15 Form of Complaint. Caption. Order. Petition to Modify a Partial Custody of Visitation Order.
RULE 1915.16 Form of Order or Notice. Joinder. Intervention.
RULE 1915.17 [Blank]
RULE 1915.18 Form of Order Directing Expect Examination and Report.
RULES 1915.19 to 1915.23 [Blank]
RULE 1915.24 Acts of Assembly not Suspended.
RULE 1915.25 Suspension of Acts of Assembly.


RULE 1915.1. SCOPE. DEFINITIONS.

(a)

  1. These rules govern the practice and procedure in all actions for custody, partial custody and visitation of minor children, including habeas corpus proceedings therefor and claims for custody, partial custody or visitation asserted in an action of divorce or support.
  2. If a claim for partial custody or visitation is raised during the course of an action for support, the court may
    (i) enter an order with respect to the right to partial custody or visitation where there is
    (a) proper venue under Rule 1915.2, and
    (b) no current order of custody, partial custody or visitation outstanding, and
    (c) no objection by a party to the determination of the claim, and
    (d) no delay in the entry of the support order resulting from the determination of the claim; or
    [Official] Note: See Myers v. Young, 285 Pa. Superior Ct. 254, 427 A.2d 209, 211 (1981), which held that "the trial court properly declined to defer the entry of an order of support until satisfactory visitation rights had been established."
    (ii) require the commencement of a separate action pursuant to these rules.

[Official] Note: See 23 Pa.C.S. § 4349 which authorizes custody and visitation proceedings to be consolidated with support proceedings "to facilitate frequent and unimpeded contact between children and parents" if the custody or visitation matter may be "fairly and expeditiously . . . Determined and disposed of in the support action or proceeding."

(b) As used in this chapter, unless the context of a rule indicates otherwise,

"action"
means all proceedings for custody, partial custody or visitation, and proceedings for modification of prior orders of any court;
"custody"
means the legal right to keep, control, guard, care for and preserve a child and includes the terms "legal custody," "physical custody," and "shared custody;"
"home county"
means the county in which the child immediately preceding the time involved lived with the child's parents, a parent, or a person acting as parent, or in an institution, for at least six consecutive months, and in the case of a child less than six months old, the county in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child from the physical custody of the parent, institution, or person acting as parent shall not affect the six-month or other period;
"legal custody"
means the legal right to make major decisions affecting the best interests of a minor child, including but not limited to, medical, religious and educational decisions;
"partial custody"
means the right to take possession of a child away from the custodial person for a certain period of time;
"person acting as parent"
means a person other than a parent, including an institution, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;
"physical custody"
means actual physical possession and control of a child;
"shared custody"
means shared legal or shared physical custody or both of a child in such a way as to assure the child of frequent and continuing contact, including physical access, to both parents; and
"visitation"
means the right to visit a child, but does not include the right to remove the child from the custodial parent's control.
Note: The rules adopt the terms custody, partial custody, and visitation suggested by Judge Spaeth in his concurring opinion in Scott v. Scott, 240 Pa. Superior Ct. 65, 368 A.2d 288, 291 (1976).

RULE 1915.2. VENUE.

(a) An action may be brought in any county

  1. (i) which is the home county of the child at the time of commencement of the proceeding, or
    (ii) which had been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as parent continues to live in the county; or
  2. in which it is the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships; or
  3. in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse and is otherwise neglected or dependent; or
  4. in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter.

(b) Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or of the child and one of the parties, is not alone sufficient to establish venue.

(c) Physical presence of the child, while desirable, is not a prerequisite to venue.

(d) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county in which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.

RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.

(a) Except as provided by subdivision (c), an action shall be commenced by filing a verified complaint substantially in the form provided by Rule 1915.15(a).

(b) An order shall be attached to the complaint directing the defendant to appear at a time and place specified. The order shall be substantially in the form provided by Rule 1915.15(b).

(c) A claim for custody, partial custody or visitation which is joined with an action of divorce shall be asserted in the complaint or a subsequent petition, which shall be substantially in the form provided by Rule 1915.15(a).

RULE 1915.4. PROMPT DISPOSITION OF CUSTODY CASES.

(a) Initial Contact With the Court. Depending upon the procedure in the judicial district, the parties' initial in-person contact with the court (including, but not limited to, a conference with a conference officer pursuant to Rule 1915.4-2, a conference with a judge, conciliation, mediation and/or class/seminar) shall be scheduled to occur not later than 45 days from the filing of a complaint or petition.

(b) Listing Trials Before the Court. Depending upon the procedure in the judicial district, within 180 days of the filing of the complaint either the court shall automatically enter an order scheduling a trial before a judge or a party shall file a praecipe, motion or request for trial, except as otherwise provided in this subdivision. If it is not the practice of the court to automatically schedule trials and neither party files a praecipe, motion or request for trial within 180 days of filing of the pleading, the court shall dismiss the matter unless the moving party has been granted an extension for good cause shown, which extension shall not exceed 60 days beyond the 180 day limit.

(c) Trial.Trials before a judge shall commence within 90 days of the date the scheduling order is entered. Trials and hearings shall be scheduled to be heard on consecutive days whenever possible but, if not on consecutive days, then the trial or hearing shall be concluded not later than 45 days from commencement.

(d) Prompt Decisions.The judge's decision shall be entered and filed within 15 days of the date upon which the trial is concluded unless, within that time, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay entry of the court's decision more than 45 days after the conclusion of trial.

(e) Emergency or Special Relief.Nothing in this rule shall preclude a party from seeking, nor a court from ordering, emergency or interim special relief at any time after commencement of the action.

RULE 1915.4-1 ALTERNATIVE HEARING PROCEEDURES.

(a) Except as provided in subdivision (b), an action for partial custody or visitation may be heard by a hearing officer as prescribed by Rule 1915.4-2.

(b) Promptly after the parties' initial contact with the court as set forth in Rule 1915.4(a) above, a party may move the court for a hearing before a judge where

  1. there are complex questions of law, fact or both, or
  2. the parties certify to the court that there are serious allegations affecting the child's welfare.

RULE 1915.4-2 OFFICE CONFERENCE, HEARING, RECORD, EXCEPTIONS, ORDER.

(a)

  1. The office conference shall be conducted by a conference officer.
  2. The hearing shall be conducted by a hearing officer. A hearing officer who is a lawyer employed by a judicial district shall not practice family law before a conference officer, hearing officer or permanent or standing master employed by the same judicial district.

(b) If the respondent fails to appear at the conference before the officer as directed by the court, the conference may proceed without the respondent.

(c) The conference officer may make a recommendation to the parties relating to partial custody or visitation of the child or children. If an agreement for partial custody or visitation is reached at the conference, the conference officer shall prepare a written order in conformity with the agreement for signature by the parties and submission to the court together with the officer's recommendation for approval or disapproval. The court may enter an order in accordance with the agreement without hearing the parties.

(d) At the conclusion of the conference if an agreement relating to partial custody or visitation has not been reached, the parties shall be given notice of the date, time and place of a hearing, which may be the same day, but in no event shall be more than 45 days from the date of the conference. The hearing shall be conducted by a hearing officer who must be a lawyer, and a record shall be made of the testimony.

(e) The hearing officer shall receive evidence and hear argument. The hearing officer may recommend to the court that the parties and/or the subject child or children submit to examination and evaluation by experts pursuant to Rule 1915.8.

(f) Within 10 days of the conclusion of the hearing, the hearing officer shall file with the court a report containing a recommendation with respect to the entry of an order of partial custody or visitation. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order, including a specific schedule for partial custody or visitation. A copy of the report shall be furnished to all parties within ten days.

(g) Within ten days after the date of the report by the hearing officer, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within ten days of the date of service of the original exceptions.

(h) If no exceptions are filed within the ten-day period, the court shall review the report and, if approved, enter a final order.

(i) If exceptions are filed, the court shall hear argument on the exceptions within 45 days of the date of [sic] the last party files exceptions, and enter an appropriate final order. No Motion for Post-Trial Relief may be filed to the final order.

RULE 1915.5 QUESTION OF JURISDICTION OR VENUE. NO RESPONSIVE PLEADING BY DEFENDANT REQUIRED. COUNTERCLAIM. DISCOVERY.

(a) A party must raise any question of jurisdiction of the person or venue by preliminary objection filed within twenty days of service of the pleading to which objection is made or at the time of hearing, whichever first occurs. No other pleading shall be required, but if one is filed it shall not delay the hearing.

(b) A party may file a counterclaim asserting the right of custody, partial custody or visitation within twenty days of service of the complaint upon that party or at the time of hearing whichever first occurs. The claims shall be in the same form as a complaint as required by Rule 1915.3.

(c) There shall be no discovery unless authorized by special order of court.

RULE 1915.6 JOINDER OF PARTIES.

(a)

  1. If the court learns from the pleadings or any other source that a parent whose parental rights have not been previously terminated or a person who has physical custody of the child is not a party to the action, it shall order that the person be joined as a party. Such person shall be served with a copy of all prior pleadings and notice of the joinder substantially in the form prescribed by Rule 1915.16(a).
  2. The person joined must file any objection to the order of joinder within twenty days after notice of the order.
  3. The person joined may file a counterclaim asserting a right to custody, partial custody or visitation in the form required for a complaint by Rule 1915.3. A copy of the counterclaim shall be served upon all other parties to the action as provided by Rule 440.

(b) If the court learns from the pleadings or any other source that any other person who claims to have custody or visitation rights with respect to the child is not a party to the action, it shall order that notice be given to that person of the pendency of the action and of the right to intervene therein. The notice shall be substantially in the form prescribed by Rule 1915.16(b).

RULE 1915.7 CONSENT ORDER.

If an agreement for custody, partial custody or visitation is reached and the parties desire a consent order to be entered, they shall note their agreement upon the record or shall submit to the court a proposed order bearing the written consent of the parties or their counsel.

[Webmaster note: See Com. Ex rel. Veihdeffer v. Veihdeffer, 235 Pa. Superior Ct. 447, 344 A.2d 613, at 614, where the court said: "It is well settled that an agreement between the parties as to custody is not controlling but should be given weight taking into consideration all the circumstances. . . . A child cannot be made the subject of a contract with the same force and effect as if it were a mere chattel has long been established law."]

RULE 1915.8 PHYSICAL AND MENTAL EXAMINATION OF PERSONS.

(a) The court may order the child or a party to submit to an evaluation by an appropriate expert or experts. The order may be made upon the court's own motion or on motion of a party with reasonable notice to the person to be examined, and shall specify the place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.

(b) Where the expert is appointed upon the court's motion, the expert shall deliver to the court and to the attorneys of record, or to the parties if there are no attorneys of record, a detailed written report setting out the findings, results of all tests made, diagnosis and conclusions within the time provided in subdivision (d) of this rule.

(c) Where the expert evaluation is obtained upon motion of a party, the expert shall deliver to that party a detailed written report setting out the findings, results of all tests made, diagnosis and conclusions within the time provided in subdivision (d) of this rule.

(d) Each expert's report shall be filed and/or served

  1. within sixty days of the entry of the order where the county pays the expert, or
  2. within sixty days after full payment of the expert fee(s) where one or both parties are directed to pay.

(e) The court may assess the cost of the examination and report on any or all of the parties or as otherwise permitted by law.

(f) The order shall require that payment be made within twenty days of the date of the order.

(g) If a party refuses to obey an order of court made under subdivision (a) of this rule, the court may make an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition, or such other order as is just.

(h) A petition for contempt alleging failure to comply with anorder entered pursuant to subdivision (a) of this rule shall be treated in an expedited manner.

(I) Any report which is prepared at the request of a party, with or without a court order, and upon which a party intends to rely at trial, must be served upon the court and the opposing party thirty days before trial.

RULE 1915.9 NO DEFAULT JUDGMENT.

No judgment may be entered by default or on the pleadings.

RULE 1915.10 DECISION.

(a) The court may make the decision before the testimony has been transcribed.

(b) No Motion for Post-Trial Relief may be filed to an order of custody, partial custody or visitation.

RULE 1915.11 APPOINTMENT OF ATTORNEY FOR CHILD. INTERROGATION OF CHILD. ATTENDANCE OF CHILD AT HEARING OR CONFERENCE.

(a) The court may on its own motion or the motion of a party appoint an attorney to represent the child in the action. The court may assess the cost upon the parties or any of them or as otherwise provided by law.

(b) The court may interrogate a child, whether or not the subject of the action, in open court or in chambers. The interrogation shall be conducted in the presence of the attorneys and, if permitted by the court, the parties. The attorneys shall have the right to interrogate the child under the supervision of the court. The interrogation shall be part of the record.

(c) Unless otherwise directed by the court, the child who is the subject of the action shall not be required to attend a hearing before the court or a conference.

[Official] Note: A party may bring a child to a conference or hearing but, in the absence of an order of court, is not required to do so.]

RULE 1915.12 CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER. PETITION. FORM OF PETITION. SERVICE. ORDER.

(a) A petition for civil contempt shall begin with a notice and order to appear in substantially the following form:

NOTICE AND ORDER TO APPEAR

Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for (custody)(partial custody)(visitation).

If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections.

Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on _________(Day and Date)______, at __(Time)___ _____M., in Courtroom ________, __________(address)_______________.

IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.

If the court finds that you have wilfully failed to comply with its order for (custody)(partial custody)(visitation), you may be found to be in contempt of court and committed to jail, fined or both.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP.

___________(Name)______________

__________(Address)_____________

_______(Telephone Number)________



BY THE COURT:

__________________________________
. J.
Date: __________________

(b) The petition shall allege the facts which constitute wilful failure to comply with the custody, partial custody or visitation order, a copy of which shall be attached to the petition.

(c) The petition shall be in substantially the following form:

(Caption)
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF (CUSTODY)(PARTIAL CUSTODY)(VISITATION) ORDER

The Petition of ______________________ respectfully represents:

1. That on _______________________ Judge __________ entered an Order awarding (Petitioner)(Respondent) (custody)(partial custody)(visitation) of the minor child(ren) ____________(names of children)________.
A true and correct copy of the order is attached to this petition.

2. Respondent has willfully failed to abide by the order in that _________________________________________________________________________________.

WHEREFORE, Petitioner requests that Respondent be held in contempt of court.

_________________________________
(Attorney for Petitioner)(Petitioner)

I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_______(Date)_________ __________(Petitioner)______________

(d) The petition shall be served upon the respondent by personal service or regular mail. No answer to the petition shall be required. If service is by mail, the hearing on the petition shall not be held sooner than seven days after mailing of the petition unless the court for cause shown orders an earlier hearing. If the respondent fails to appear, the court shall continue the hearing and may order personal service by the sheriff or constable, or alternative service as accepted by the court, of the petition and notice of a new hearing date, or the court may issue a bench warrant for production of the respondent in court and not for imprisonment.

(e) After hearing, an order committing a respondent to jail for contempt of a custody, partial custody or visitation order shall specify the condition which must be fulfilled to obtain release of the respondent.

[Official] Note: See 23 Pa. C.S. § 4346 relating to contempt for noncompliance with visitation or partial custody order.
See section 5356 of the Uniform Child Custody Jurisdiction Act, 23 Pa. C.S. § 5356, relating to filing and enforcement of custody decrees of another state, and section 5364(a), 23 Pa.C.S. § 5364(a), relating to intrastate application of the Uniform Act.

In Cahalin v. Goodman, 280 Pa. Superior Ct. 228, 421 A.2d 696 (1980), the Superior Court imposed upon custody proceedings the five-step contempt procedure mandated by Crislip v. Harshman, 243 Pa. Superior Ct. 349, 365 A.2d 1260 (1976), in actions for support.]

RULE 1915.13 SPECIAL RELIEF.

At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court.

RULE 1915.14 DISOBEDIENCE OF ORDER. ARREST. CONTEMPT.

If a person disobeys an order of court other than a custody, partial custody or visitation order, the court may issue a bench warrant for the arrest of the person and if the disobedience is wilful may, after hearing, adjudge the person to be in contempt.

[Note: Contempt of a custody, partial custody or visitation order is governed by Rule 1915.12.]

RULE 1915.15 FORM OF COMPLAINT. CAPTION. ORDER. PETITION TO MODIFY A PARTIAL CUSTODY OR VISITATION ORDER.

(a) The complaint in an action for custody, partial custody or visitation shall be in substantially the following form:

(Caption)

COMPLAINT FOR (CUSTODY) (PARTIAL CUSTODY)(VISITATION)

1. The plaintiff is ________________________, residing at ___(Street)___, ___(City)___, __(Zip Code)___, ___(County)___.

2. The defendant is ________________________, residing at ___(Street)___, ___(City)___, __(Zip Code)___, ___(County)___.

3. Plaintiff seeks (custody)(partial custody)(visitation) of the following child(ren):

----Name-----Present Residence------------Age-------
___________ ________________________ _______
___________ ________________________ _______
___________ ________________________ _______

The child (was)(was not) born out of wedlock.

The child is presently in the custody of ____(Name)_____, who resides at ___(Street)___, ___(City)___, __(State)___.

During the past five years, the child has resided with the following persons and at the following addresses:

(List All Persons) - - - (List All Addresses) - - - (Dates)
________________ ____________________ ________
________________ ____________________ ________
________________ ____________________ ________

The mother of the child is ___________________, currently residing at _______________________.

She is (married)(divorced)(single).

The father of the child is ___________________, currently residing at _______________________.

He is (married)(divorced)(single).

4. The relationship of plaintiff to the child is that of ___________________. The plaintiff currently resides with the following persons:

Name - - - - - - - - - - Relationship
_____________ ___________________
_____________ ___________________

5. The relationship of defendant to the child is that of ___________________. The plaintiff currently resides with the following persons:

Name - - - - - - - - - - Relationship
_____________ ___________________
_____________ ___________________

6. Plaintiff (has)(has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: ___________________________________________________

Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: ___________________________________________________

Plaintiff (knows) (does not know) of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: ___________________________________________________

The best interest and permanent welfare of the child will be served by granting the relief requested because (set forth facts showing that the granting of the relief requestedbe in the best interest and permanent welfare of the child): ___________________________________________________

8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene:

(Name) - - - - - - - - (Address) - - - - - - - (Basis of Claim)
________________ ____________________ ________________
________________ ____________________ ________________
________________ ____________________ ________________

Wherefore, plaintiff requests the court to grant (custody) (partial custody) (visitation) of the child.

___________________________
Attorney for Plaintiff

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_________________________
Plaintiff

(b) A petition to modify a partial custody or visitation order shall be in substantially the following form:

(Caption)

PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER

1. The petition of ________________ respectfully represents that on _____________________, 19___ an Order of Court was entered for (PARTIAL CUSTODY) (VISITATION), a true and correct copy of which is attached.

2. This Order should be modified because: ________________________________________.

WHEREFORE, Petitioner requests that the Court modify the existing Order for (PARTIAL CUSTODY) (VISITATION) because it will be in the best interest of the child(ren).

_________________________________
(Attorney for Petitioner)(Petitioner)

I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

_______(Date)_________ __________(Petitioner)______________

The order to be attached at the front of the complaint or petition for modification shall be in substantially the following form:

(Caption)

ORDER OF COURT

You, _________________, (defendant) (respondent), have been sued in court to (OBTAIN)(MODIFY) custody, partial custody or visitation of the child(ren): __________________.

You are ordered to appear in person at ___(Address)___, on ___(Day and Date)_______, at ___(Time)____, ______ M., for

[_] a conciliation or mediation conference.
[_] a pretrial conference.
[_] a hearing before the court.

If you fail to appear as provided by this order, an order for custody, partial custody or violation may be entered against you or the court may issue a warrant for your arrest.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

_________(Name)_________
________(Address)________
________(Telephone)_______

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of ____________ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

BY THE COURT:

___________________________
. . . . . . . . . . . . . . . . . .J.

Date:__________________________

[Editor's Note: The language of the first sentence of the above A.D.A. notice {in the opinion of this webmaster} suggests compliance is reluctant and would better be simply that "The Court of Common Pleas of ______________ County complies with the Americans with Disabilities Act of 1990."]

RULE 1915.16 FORM OF ORDER AND NOTICE. JOINDER. INTERVENTION.

[to be inserted]

RULE 1915.17 [BLANK]

RULE 1915.18 FORM OF ORDER DIRECTING EXPERT EXAMINATION AND REPORT.

[to be inserted]

RULES 1915.19 to 1915.23 [BLANK]

RULE 1915.24 ACTS OF ASSEMBLY NOT SUSPENDED.

[to be inserted]

RULE 1915.25 SUSPENSION OF ACTS OF ASSEMBLY.

Section 5351 of the Domestic Relations Code, 23 Pa.C.S. § 5351, of the Uniform Child Custody Jurisdiction Act, relating to additional parties, is suspended insofar as it provides for the joinder of a person not a party who claims to have custody or visitation rights with respect to the child.


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Actions For Custody, Partial Custody And Visitation Of Minor Children / Judiciary@aol.com / this webpage was last updated June 2001