231 Pa. Code r. 1915.15

Download

PDF

Current through Register Vol. 54, No. 49, December 7, 2024

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

(a) The complaint in a custody action shall be substantially in the following form:

(Caption)

COMPLAINT FOR CUSTODY

1. The plaintiffis is _________________________,

residing at __________________________________________

(Street)

(City)

(Zip Code)

(County)

2. The defendant is_________________________,

residing. _________________________.

(Street)

(City)

(Zip Code)

(County)

3. Plaintiff seeks (custody) (partial custody) (visitation) 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 residng at ___________.

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

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

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

4. plaintiffis relationship of the child is that of _________________________ .

Plaintiff currently resides with the following persons:

Name	Relationship
____________	____________
____________	____________

5. Defendant's relationship to the child is that of ____________ .

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 custody or visitation rights with respect to the child. The name and address of such person is: ____________.

7. The best child's interest and permanent welfare will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the child's best interest and permanent welfare):

____________________________

____________________________.

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

Name	Address	Basis of Claim
____________	____________	____________
____________	____________	____________
____________	____________	____________

(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). ____________

____________

(b) If the plaintiff is a grandparent or seeking physical or legal custody of a grandchild and is not local parentis to the child, the plaintiff shall plead facts establishing standing 23Pa.C.S § 5324(3). ____________

____________

(c) If the palintiff is a seeking physical or legal custody of a child is not local parentis to the child, the plaintiff shall plead facts establishing standing 23Pa.C.S § 5324(4) and (5). ____________

____________

(d) If the plaintiff is a grandparent or great-grandparents seeking partial physical custody or supervised physical custody grandchild or great grandchild, the plaintiff shall plead facts establishing standing 23Pa.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 requests the court to grant (custody) (partial custody) (visitation) of the child.

____________

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

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

(Caption)

PETITION FOR MODIFICATION OF A CUSTODY ORDER

1. Petitioner is ___________ and resides at _____________.

2. Respondent is ________________ and resides at _______________.

3. Petitioner 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 the Order is attached.

4. This Order should be modified because: ________________

_____________________________________________________

5. 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 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

(c) The order to be attached at the front of the complaint or petition for modification shall be substantially in the following form:

(Caption)

ORDER OF COURT

You, ____________, (defendant) (respondent), have been sued in court to (OBTAIN) (MODIFY) custody, partial custody or visitation of the child(ren): ____________.

You are ordered to appear in person at _________________________ ,

(Address)

on _________________________, at ____________, ____________ .M., for

(Day and Date) (Time)

[] a conciliation or mediation conference.

[] a pretrial conference.

[] a hearing before the court.

If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest.

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your 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) but not later than 30 days after service of the complaint or petition.

No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.C.P. No. 1915.17 regarding relocation.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

______________________________________

(Name)

______________________________________

(Address)

______________________________________

(Telephone Number)

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of____________ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

BY THE COURT:

______________________________________

Date: ____________

231 Pa. Code r. 1915.15

The provisions of this Rule 1915.15 amended November 8, 1982, effective 1/1/1983, 12 Pa.B. 4040; amended April 29, 1991, effective 7/1/1991, 21 Pa.B. 2337; amended December 2, 1994, effective 3/1/1995, 24 Pa.B. 6263; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended March 18, 2004, effective 6/16/2004, 34 Pa.B. 1754; amended November 19, 2008, effective immediately, 38 Pa.B. 6596; 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 May 18, 2016, effective 7/1/2016, 46 Pa.B. 2854; 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.