Penn. Allegh. Cnty. 1915.3(d)

As amended through November 13, 2023
Rule 1915.3(d) - Confirmation Of Custody
i. An order confirming custody to formalize a de facto custody arrangement to which there is no contest or opposition may be established through this Court's Motion Court procedure for represented and unrepresented parties.
ii. Any party(ies) may seek confirmation of their current arrangement as a legal and/or physical custody of any child(ren) as follows:
a) A Complaint for Custody must be prepared properly in accordance with Pa.R.C.P. 1915.3 and 1915.15. All of the information required by Rule 1915.15 must be provided. Additionally, a copy of the most recent custody order relating to the child or children must be attached, if any exists.
b) All parties must be served in accordance with Pa.R.C.P. 1930.4 with movant's Complaint for Confirmation of Custody together with the exhibits. The complaint is deemed filed when notice of its presentation is given.
c) All parties are to be provided seven days notice of the date and time of presentation of movant's petition.
d) If no party appears to oppose movant's petition, the court will grant interim relief confirming custody in movant without prejudice to any party's right to seek reconsideration or modification at any time.
e) If this court has granted such relief, the Prothonotary shall accept for filing the Complaint for Custody without a Scheduling Order from Generations if the Complaint for Custody is accompanied by the Petition for Confirmation of Custody together with exhibits and a signed Order of Court confirming custody in the movant. Filing fees charged by this Court's prothonotary for the Complaint for Custody and any other document in reference therein, must be paid unless the party has sought waiver of the fees through the court's established procedure to secure an in forma pauperis status.

Penn. Allegh. Cnty. 1915.3(d)

Promulgated April 2, 1998, effective5/25/1998; amended January 18, 2001, effective 30 days after publication in the Pennsylvania Bulletin.