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). 

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 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). 

Note: Rule 1920.13(b) provides that claims which may be joined with an action of 

divorce shall be raised by the complaint or a subsequent petition. 

(d) If the mother of the child is not married and the child has no legal or 

presumptive father, then a putative father initiating an action for custody must file a 

claim of paternity pursuant to 23 Pa.C.S. § 5103 and attach a copy to the 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 

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 paragraph 9 of the complaint, facts 

establishing standing pursuant to 23 Pa.C.S. § 5325.

(f) An unemancipated minor parent may commence, maintain or defend 

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

appointment of a guardian for the minor parent.

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Rule 1915.3-2. Criminal Record or Abuse History.

(a) Criminal Record or Abuse History Verification. [The petitioner] A party

must file and serve with the complaint, [or] any petition for modification, any
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counterclaim, any petition for contempt or any count for custody in a divorce 

complaint or counterclaim a verification regarding any criminal record or abuse 

history of [the petitioner] that party and anyone living in [the petitioner’s] that 

party’s household. The verification shall be substantially in the form set forth in 

subdivision (c) below. The [petitioner] party must attach a blank verification form to a 

complaint, counterclaim or petition served upon the[ respondent] other party. 

Although the [respondent] party served need not file a responsive pleading pursuant 

to Rule 1915.5, [the respondent] he or she must file with the court a verification 

regarding [any] his or her own criminal record or abuse history [of the respondent]

and that of anyone living in[the respondent’s] his or her household on or before the 

initial in-person contact with the court (including, but not limited to, a conference with a 

conference officer or judge or conciliation, depending upon the procedure in the judicial 

district) but not later than 30 days after service of the complaint or petition. [upon the 

respondent.] A party’s failure to file a Criminal Record or Abuse History

Verification may result in sanctions against that party. Both parties shall file and 

serve updated verifications five days prior to trial. 

(b) Initial Evaluation. At the initial in-person contact with the court, the judge, 

conference officer, conciliator or other appointed individual shall perform an initial 

evaluation to determine whether the existence of a criminal or abuse history of either 

party or a party’s household member poses a threat to the child and whether counseling 

is necessary. The initial evaluation required by 23 Pa.C.S. § 5329(c) shall not be 

conducted by a mental health professional. After the initial evaluation, the court may 

order further evaluation or counseling by a mental health professional if the court 

determines it is necessary. Consistent with the best interests of the child, the court may 

enter a temporary custody order on behalf of a party with a criminal history or a party 

with a household member who has a criminal history, pending the party’s or household 

member’s evaluation and/or counseling. 

Note: The court shall consider evidence of criminal record or abusive history presented 

by the parties. There is no obligation for the court to conduct an independent investigation of 

the criminal record or abusive history of either party or members of their household. The court 

should not consider ARD or other diversionary programs. When determining whether a party or 

household member requires further evaluation or counseling, or whether a party or household 

member poses a threat to a child, the court should give consideration to the severity of the 

offense, the age of the offense, whether the victim of the offense was a child or family member 

and whether the offense involved violence.

(c) Verification. The verification regarding criminal or abuse history shall be 

substantially in the following form: 

(Caption)

CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

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5. If you are aware that the other party or members of the other party’s household 

has or have a criminal record/abuse history, please explain: 

____________________________________________________________________

____________________________________________________________________

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Rule 1915.12. Civil Contempt for Disobedience of Custody Order. Petition. Form 

of Petition. Service. Order.

* * *

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

(Caption)

PETITION FOR CIVIL CONTEMPT FOR

DISOBEDIENCE OF CUSTODY ORDER

The Petition of __________________, respectfully represents: 

 1. That on _________, Judge ________________________entered an Order 

awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody) (partial 

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

custody) (supervised physical custody) of the minor 

child(ren)______________________________________________________________

_____________________________________________________________________

(Name(s) of Child(ren))

 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 

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

 3. Petitioner has attached the Criminal Record/Abuse History Verification form 

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

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

_________________________________________________________________
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(Attorney for Petitioner) (Petitioner)

I verify that the statements made in this [complaint] petition 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

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

Order.

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

* * *

 [The mother] A parent of the child is ______________________currently residing at

_______________________________________________________________

[She] This parent is (married) (divorced) (single). 

 [The father] A parent of the child is _______________________currently residing at 

_______________________________________________________________

[He] This parent is (married) (divorced) (single).

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 10. [I have] Plaintiff has attached the Criminal Record/Abuse History Verification 

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

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(b) A petition to modify a custody order shall be in substantially the following 

form: 

(Caption)

PETITION FOR MODIFICATION OF A CUSTODY ORDER

 1. The petition of _______________________________respectfully represents that 

on ______________________, 20__ an Order of Court was entered for (shared legal 

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

(shared physical custody) (sole physical custody) (supervised physical custody), a true 

and correct copy of which is attached. 

 2. This Order should be modified because: 

______________________________________________________________________

______________________________________________________________________

 3. Petitioner has attached the Criminal Record/Abuse History Verification form 

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

WHEREFORE, Petitioner requests that the Court modify the existing Order 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] petition 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 

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Rule 1915.17. Relocation. Notice and Counter-Affidavit.

(a) A party proposing to change the residence of a child which significantly

impairs the ability of a non-relocating party to exercise custodial rights must notify 
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every other person who has custodial rights to the child and provide a counter-affidavit 

by which a person may agree or object. The form of the notice and counter-affidavit are 

set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, 

return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later 

than the sixtieth day before the date of the proposed change of residence or other time 

frame set forth in 23 Pa.C.S. § 5337(c)(2).

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