Rule 1915.3. Commencement of Action. Complaint. Order[.]

(a) Except as provided [by]in subdivision (c), [an action shall be 

commenced]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).

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or 

unrepresented parties to file confidential documents and documents containing 

confidential information that are subject to the Case Records Public Access Policy of 

the Unified Judicial System of Pennsylvania.

(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 [Rule]Pa.R.C.P. No. 1915.15([b]c).

Note: See [§ 5430(d) of the ]Uniform Child Custody Jurisdiction and 

Enforcement Act, 23 Pa.C.S. § 5430(d), relating to costs and expenses for appearance 

of parties and child, and 23 Pa.C.S. § 5471, relating to intrastate application of the 

Uniform Child Custody Jurisdiction and Enforcement Act.

(c) A [claim for custody which]custody claim that is joined with [an action 

of divorce]a divorce action shall be asserted in the divorce complaint or a 

subsequent petition, which shall be substantially in the form provided by 

[Rule]Pa.R.C.P. No. 1915.15(a).

Note: [Rule]See Pa.R.C.P. No. 1920.13(b)[ provides that claims which may 

be joined with an](claims that are joined in a divorce action[ of divorce] shall be 

raised [by the]in a complaint or a subsequent petition).

(d) If the child’s mother[ of the child] is not married and the child has no 

legal or presumptive father, [then ]a putative father initiating [an action for]a custody 

[must]action shall file a paternity claim[ of paternity] pursuant to 23 Pa.C.S. § 5103 

and attach a copy to the custody complaint[ in the custody action].

Note: If a putative father is uncertain of paternity, the correct procedure is to 

commence a civil action for paternity pursuant to the procedures set forth at 

[Rule]Pa.R.C.P. No. 1930.6.

[(e) A grandparent who is not in loco parentis to the child and is seeking 

physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S. § 5323 must 

plead, in paragraph 9 of the complaint set forth at Rule 1915.15(a), facts 

establishing standing under § 5324(3). A grandparent or great-grandparent 

seeking partial physical custody or supervised physical custody must plead, in 
2

paragraph 9 of the complaint, facts establishing standing pursuant to 23 Pa.C.S. § 

5325.]

(e) Pleading Facts Establishing Standing.

(1) An individual 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 unemancipated minor parent may commence, maintain, or defend [an 

action for]a custody action of the minor parent’s child without the requirement of the 

appointment of a guardian for the minor parent.
3

Comment — 2020

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a 

new class of third-party standing for individuals seeking custody of a child whose 

parents do not have care and control of the child. The individual seeking custody 

may or may not be related to the child. Subject to Section 5324(5), the newly 

added standing provision requires that: (1) the individual has assumed or is 

willing to assume responsibility for the child; (2) the individual has a sustained, 

substantial, and sincere interest in the child’s welfare; and (3) the child’s parents 

do not have care and control of the child. A plaintiff proceeding under Section 

5324(4) shall satisfy the requirements of that provision by clear and convincing 

evidence. Additionally, if a juvenile dependency proceeding has been initiated, or 

is ongoing, or there is an order for permanent legal custody, Section 5324(5) 

provides that an individual cannot assert standing under Section 5324(4).

Consistent with the Act 21 of 2018 statutory changes, subdivision (e) has 

been revised to include a third party seeking custody of a child under 23 Pa.C.S. § 

5324(4). The subdivision has been reorganized to sequentially follow the 

statutory provisions in 23 Pa.C.S. §§ 5324(2)-(4) and 5325. Similarly, the 

Complaint for Custody Paragraph 9 in Pa.R.C.P. No. 1915.15(a) has been 

reorganized to sequentially follow the statutory provisions and rules sequence, 

as well. See Pa.R.C.P. No. 1915.15(a). 
4

Rule 1915.5. Question of Jurisdiction, Venue, or Standing. [No Responsive 

Pleading by Defendant Required.] Counterclaim. Discovery. No Responsive 

Pleading by Defendant Required

[(a) A party must raise any question of jurisdiction of the person or 

venue, and may raise any question of standing, 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.]

(a) Question of Jurisdiction, Venue, or Standing.

(1) A party shall raise jurisdiction of the person or venue by 

preliminary objection.

(2) A party may raise standing by preliminary objection or at a 

custody hearing or trial.

(3) The court may raise standing sua sponte.

(4) In a third-party plaintiff custody action in which standing has 

not been resolved by preliminary objection, the court shall 

address the third-party plaintiff’s standing and include its

standing decision in a written opinion or order. 

Note: The court may raise at any time a question of (1) jurisdiction over the 

subject matter of the action or (2) the exercise of its jurisdiction pursuant to [§]Section

5426 of the Uniform Child Custody Jurisdiction and Enforcement Act, relating to 

simultaneous proceedings in other courts, [§]Section 5427, relating to inconvenient 

forum, and [§]Section 5428, relating to jurisdiction declined by reason of conduct. The 

Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5407, provides 

that, upon request of a party, an action in which a question of the existence or exercise 

of jurisdiction is raised shall be given calendar priority and handled expeditiously.

(b) A party may file a counterclaim asserting the right of physical or legal 

custody within [twenty]20 days of service of the complaint upon that party or at the time 

of hearing, whichever first occurs. The claim shall be in the same form as a complaint 

as required by [Rule]Pa.R.C.P. No. 1915.3.

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

Note: The rule relating to discovery in domestic relations matters generally is 

[Rule]Pa.R.C.P. No. 1930.5.
5

(d) Except as set forth in subdivisions (a) and (b), a responsive pleading

shall not be required. If a party files a responsive pleading, it shall not delay a 

hearing or trial.

* * *
6

Comment — 2020

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a 

new class of third-party standing for individuals seeking custody of a child whose 

parents do not have care and control of the child. Subject to the limitations in 23 

Pa.C.S. § 5324(5), the newly added standing provision requires that: (1) the 

individual has assumed or is willing to assume responsibility for the child; (2) the 

individual has a sustained, substantial, and sincere interest in the child’s welfare; 

and (3) the child’s parents do not have care and control of the child. A plaintiff 

proceeding under Section 5324(4) shall satisfy the requirements of that provision 

by clear and convincing evidence. 

Typically, when a third party is seeking custody of a child, the child’s 

parents can raise the issue of the third party’s standing to pursue custody. 

However, Section 5324(4) permits a party to seek custody of a child only when the 

child’s parents do not have care and control of the child. If the parents’ lack of 

care and control also results in their non-participation in the custody litigation, 

the third party’s standing may go unchallenged. Subdivision (a) has been 

amended by including two new subdivisions to address this circumstance. 

Subdivision (a)(3) permits the court to raise standing sua sponte and, if thirdparty standing is not resolved by preliminary objection, the court shall address 

the standing issue in its written opinion or order as required by subdivision (a)(4). 
7

Rule 1915.15. Form of Complaint. Caption. Order. Petition to Modify a Custody 

Order[.]

(a) The complaint in [an action for custody]a custody action shall be 

substantially in the following form:

(Caption)

COMPLAINT FOR CUSTODY

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 (shared legal custody) (sole legal custody) (partial physical 

custody) (primary physical custody) (shared physical custody) (sole physical custody) 

(supervised physical custody) 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)

____________________ __________________________ __________

____________________ __________________________ __________

____________________ __________________________ __________

 

A parent of the child is __________, currently residing at ________________________.
8

This parent is (married) (divorced) (single).

A parent of the child is __________, currently residing at ________________________.

This parent is (married) (divorced) (single).

4. [The ]Plaintiff’s relationship[ of plaintiff ]to the child is that of ______________.

[The plaintiff]Plaintiff currently resides with the following persons:

Name Relationship

_______________________ _______________________

_______________________ _______________________

5. [The ]Defendant’s relationship[ of defendant] to the child is that of 

_____________.

[The defendant]Defendant 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 or any other state. 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 custodial rights with respect to the 

child. The name and address of such person is: ______________________________.

7. The child’s 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 
9

relief requested will be in the child’s 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 of 

the child will be given notice of the pendency of this action and the right to intervene:

Name Address Basis of Claim

____________________ _____________________ ______________

____________________ _____________________ ______________

____________________ _____________________ ______________

[9. (a) If the plaintiff is a grandparent who is not in loco parentis to the child 

and is seeking physical and/or legal custody pursuant to 23 Pa.C.S. § 5323, you 

must plead facts establishing standing pursuant to 23 Pa.C.S. § 5324(3).

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(b) If the plaintiff is a grandparent or great-grandparent who is seeking 

partial physical custody or supervised physical custody pursuant to 23 Pa.C.S. § 

5325, you must plead facts establishing standing pursuant to § 5325.

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(c) If the plaintiff is a person seeking physical and/or legal custody 

pursuant to 23 Pa.C.S. § 5324(2) as a person who stands in loco parentis to the 

child, you must plead facts establishing standing.

______________________________________________________________________

______________________________________________________________________

_____________________________________________________________________]

9. (a) If the plaintiff is seeking physical or legal custody of a child and is in 

loco parentis to the child, the plaintiff shall plead facts establishing standing

under 23 Pa.C.S. § 5324(2).

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________
10

(b) If the plaintiff is a grandparent seeking physical or legal custody of a 

grandchild and is not in loco parentis to the child, the plaintiff shall plead facts 

establishing standing under 23 Pa.C.S. § 5324(3).

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(c) If the plaintiff is seeking physical or legal custody of a child and is 

not in loco parentis to the child, the plaintiff shall plead facts establishing 

standing pursuant to 23 Pa.C.S. § 5324(4) and (5).

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(d) If the plaintiff is a grandparent or great-grandparent seeking partial 

physical custody or supervised physical custody of a grandchild or greatgrandchild, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 

5325.

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

10. Plaintiff has attached the Criminal Record/Abuse History Verification form 

required pursuant to Pa.R.C.P. No. 1915.3-2.

Wherefore, [plaintiff]Plaintiff requests the court to grant (shared legal custody) 

(sole legal custody) (partial physical custody) (primary physical custody) (shared 

physical custody) (sole physical custody) (supervised physical custody) of the child.

____________________

Plaintiff/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

Note: The form of complaint is appropriate if there is one plaintiff and one 

defendant and [if] the custody of one child is sought[, or if]or the custody of several 

children is sought and the information required by [paragraphs]Paragraphs 3 to 7 is 

identical for all of the children. If there are [multiple]more than two parties, the 

complaint should be appropriately adapted to accommodate them. If the custody of 
11

several children is sought and the information required is not identical for all of the 

children, the complaint should contain a separate paragraph for each child.

See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or 

unrepresented parties to file confidential documents and documents containing 

confidential information that are subject to the Case Records Public Access Policy of 

the Unified Judicial System of Pennsylvania.

* * *
12

Comment — 2020

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a 

new class of third-party standing for individuals seeking custody of a child whose 

parents do not have care and control of the child. The individual seeking custody 

may or may not be related to the child. Subject to the limitations in 23 Pa.C.S. §

5324(5), the newly added standing provision requires that: (1) the individual has 

assumed or is willing to assume responsibility for the child; (2) the individual has 

a sustained, substantial, and sincere interest in the child’s welfare; and (3) the 

child’s parents do not have care and control of the child. A plaintiff proceeding 

under Section 5324(4) shall satisfy the requirements of that provision by clear 

and convincing evidence. Additionally, if a juvenile dependency proceeding has 

been initiated, or is ongoing, or if there is an order for permanent legal custody,

Section 5324(5) provides that an individual cannot assert standing under Section 

5324(4).

Consistent with the Act’s statutory change, the Complaint for Custody 

Paragraph 9 has been revised to include a third party seeking custody of a child 

under 23 Pa.C.S. § 5324(4) and has been reorganized to sequentially follow the 

statutory provisions in 23 Pa.C.S. §§ 5324(2)-(4) and 5325. Similarly, Pa.R.C.P. 

No. 1915.3(e) has been reorganized to sequentially follow the statutory provision 

sequence. See Pa.R.C.P. No. 1915.3(e).