Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.1 - Scope. Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) These
				rules govern the practice and procedure in all actions for legal and physical
				custody of minor children, including habeas corpus proceedings and claims for
				custody asserted in an action of divorce.
(b) As used in this chapter, unless the
				context of a rule indicates otherwise, the following terms shall have the
				following meanings:
"action," all proceedings for legal and physical custody and
				  proceedings for modification of prior orders of any court;
"child," an unemancipated individual under 18 years of
				  age;
"conference officer," an individual who presides over an
				  office conference pursuant to Pa.R.C.P. No. 1915.4-2(a) or the initial
				  non-record proceeding under Pa.R.C.P. No. 1915.4-3(a). For purposes of these
				  rules, a conciliator is synonymous with a conference officer;
"custody," the legal right to keep, control, guard, care for,
				  and preserve a child and includes the terms "legal custody," "physical
				  custody," and "shared custody;"
"hearing officer," a lawyer who conducts a record hearing on
				  partial custody cases pursuant to Pa.R.C.P. No. 1915.4-2(b);
"home county," the county in which the child lived with
				  either or both parents, a person acting as a parent, or in an institution for
				  at least six consecutive months immediately preceding the filing of the action,
				  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;
"
in loco parentis,
" a person who puts
				  himself or herself in the situation of a lawful parent by assuming the
				  obligations incident to the parental relationship without going through the
				  formality of a legal adoption. The status of
in loco parentis
embodies two ideas:
(1) the assumption
				of a parental status; and
(2) the
				discharge of parental duties;
"legal custody," the right to make major decisions on behalf
				  of the child, including, but not limited to, medical, religious, and
				  educational decisions;
"mediator," an individual qualified under Pa.R.C.P. No.
				  1940.4 and who assists custody litigants independently from the procedures set
				  forth in Pa.R.C.P. Nos. 1915.1-1915.25 by engaging the litigants in the
				  alternative dispute principles in Pa.R.C.P. No. 1940.2 to resolve custody
				  matters in whole or in part;
"mediation," the confidential process by which a neutral
				  mediator assists the parties in attempting to reach a mutually acceptable
				  agreement on issues arising in a custody action. Mediation is not a court
				  proceeding; rather, it is an independent, non-record proceeding in lieu of
				  court involvement for the purpose of assisting the parties to address the
				  child's best interest. An agreement reached by the parties must be based on the
				  voluntary decisions of the parties and not the decision of the mediator. The
				  agreement may resolve all or only some of the disputed issues. The parties are
				  required to mediate in good faith, but are not compelled to reach an agreement.
				  While mediation is an alternative means of conflict resolution, it is not a
				  substitute for the benefit of legal advice. The participants in mediation shall
				  be limited to the parties to the custody action, primarily the child's parents
				  and persons acting as parents. Except as provided in Pa.R.C.P. No. 1940.5(c),
				  non-parties, including children, grandparents, and the parties' attorneys,
				  shall not participate in the mediation.
"non-record proceeding," the initial office conference set
				  forth in Pa.R.C.P. No. 1915.4-3. Mediation, as outlined in Pa.R.C.P. No.
				  1940.1-1940.9, shall not be construed as a non-record proceeding;
"partial physical custody," the right to assume physical
				  custody of the child for less than a majority of the time;
"person acting as a parent," 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.
See also
the definition of
in loco parentis
;
"physical custody," the actual physical possession and
				  control of a child;
"primary physical custody," the right to assume physical
				  custody of the child for the majority of time;
"relocation," a change in a residence of the child that
				  significantly impairs the ability of a non-relocating party to exercise
				  custodial rights;
"shared legal custody," the right of more than one individual
				  to legal custody of the child;
"shared physical custody," the right of more than one
				  individual to assume physical custody of the child, each having significant
				  periods of physical custodial time with the child;
"sole legal custody," the right of one individual to
				  exclusive legal custody of the child;
"sole physical custody," the right of one individual to
				  exclusive physical custody of the child; and
"supervised physical custody," custodial time during which an
				  agency or an adult designated by the court or agreed upon by the parties
				  monitors the interaction between the child and the individual with those
				  rights.