Custody Resources

Learn about the different types of custody and how to file for custody.

Types of Custody

There are two types of custody: legal custody and physical custody.

Legal custody

Legal custody is the ability to make important decisions on behalf of a child. These decisions could be related to things like school or healthcare. In a custody case, the court will award the parties involved with either sole legal custody or shared legal custody.

Physical custody

Physical custody is the right to have the child live with or be with you. The court can award different types of physical custody:

• Sole physical custody is when one parent has physical custody of the child all the time. This is very rare in Pennsylvania.
• Primary physical custody is when the child lives with one parent most of the time. Generally, if a parent is awarded primary physical custody, the other parent may get partial or supervised custody.
• Shared physical custody is when the child spends about the same amount of time with each parent.
• Partial physical custody is when the child spends less than half of the time with a parent.
• Supervised physical custody is when a third party is required to be present for all visits between the parent and the child.

Filing for custody

If you have never filed for custody before and need help starting a custody case, please download our Instructional Custody Packet, which includes general instructions and the forms you will need to file. Please note, a custody case must be filed in the county where the child has lived for the last six months (or since the child’s birth).

Modifying custody arrangements

You can try to change a custody order by filing one of three types of petitions:

• If you feel the current custody order isn’t in the best interest of the child, you can file a Petition to Modify Custody.
• If the other parent isn’t following the current custody order, you can file a Petition for Civil Contempt of a Custody Order.
• If you feel the child is in immediate risk of significant physical or emotional harm, you can file a Petition for Special Relief.

File all of these petitions in the county where the current order was issued.

Filing fees

There is generally a fee when filing custody paperwork. Every county has different filing fees, so check with your local courthouse to learn more. If you can’t pay the fee, you can ask the court to waive it by filling out a Petition to Proceed in Forma Pauperis. File the completed form with the Prothonotary, and a judge will make a decision about your request.

For more information or guidance about custody, contact one of our attorneys.

Documents

Instructional Custody Packet

Download pdf File size: (1 MB)

This packet provides instructions on how to start a custody case, plus the forms needed to file with the Prothonotary’s office.

Praecipe for Pro Se Entry of Appearance

Download pdf File size: (62 KB)

This document tells the court where they can send you paperwork. It also lets the court know you do not have an attorney.

Petition to Proceed in Forma Pauperis

Download pdf File size: (539 KB)

If you don’t believe you are able to pay the court filing fees, complete and file this form. If the court grants you IFP status, you won’t have to pay the fees.

Notice to Defend

Download pdf File size: (75 KB)

This form lets the other parent/guardian know that you are asking the court for custody.

Complaint for Custody

Download pdf File size: (102 KB)

This document gives the court information about you, the other person, and the child involved. It also tells the court what type of custody you want.

Criminal Record – Abuse History

Download pdf File size: (850 KB)

This document tells the court if you or anyone in your household has been convicted, pled guilty, or pled no contest to any of the crimes listed, or has been adjudicated delinquent. It also lets the court know if you or anyone in your household has been abusive.

Petition to Modify a Custody Order

Download pdf File size: (72 KB)

This document asks the court to change the custody order and tells them what type of custody you want.

Petition for Civil Contempt of a Custody Order

Download pdf File size: (68 KB)

This document tells the court that the other parent is not following the custody order.

Petition for Special Relief

Download pdf File size: (72 KB)

This document gives the court information about you, the other person, and the child involved. It also tells the court why you are asking for emergency custody.

UJS Confidential Information Form

Download pdf File size: (1 MB)

This form shares identifying information about the relevant child with the court. It is only shared with the court and the other party involved. Write the child’s full name and date of birth on this form, and only include the child’s initials in all other documents.

©2024 PCADV. Website by Infantree.

This project was supported by subgrant No. 2017-VF-05-28100 awarded by PCCD, the state administrating office for the Justice Assistance Grant Programs. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of PCCD or the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance.