Current through Register Vol. 54, No. 37, September 14, 2024
Rule 1915.3 - Commencement of Action. Complaint. Order(a) Except as provided in subdivision (c), 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).(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 Pa.R.C.P. No. 1915.15(c).(c) A custodyclaim that is joined with a divorce action shall be asserted in the divorce complaint or a subsequent petition, which shall be substantially in the form provided by Pa.R.C.P.No. 1915.15(a).(d) If the child's mother is not married and the child has no legal or presumptive father, a putative father initiating a custody action shall file a paternity claim pursuant to 23 Pa.C.S. § 5103 and attach a copy to the custody complaint.(e)Pleading Facts Establishing Standing.(1) Anindividual 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 un emancipated minor parent may commence, maintain , or defend a custody action of the minor parent's child without the requirement of the appointment of a guardian for the minor parent. The provisions of this Rule 1915.3 amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1943; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended July 20, 2015, effective 9/1/2015, 45 Pa.B. 4158; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 477; amended June 1, 2018, effective 7/1/2018, 48 Pa.B. 3520; amended July 27, 2020, effective 10/1/2020, 50 Pa.B. 4019.