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)   

   3. Plaintiff seeks (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) 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)









   The mother of the child is


,
currently residing at
.
She is (married) (divorced) (single).

   The father of the child is


,
currently residing at
.
He is (married) (divorced) (single).

   4. The relationship of plaintiff to the child is that of


.
The plaintiff currently resides with the following persons:
   Name




   Relationship




   5. The relationship of defendant to the child is that of


.
The 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 custodial rights with respect to the child. The name and address of such person is:


.

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


.

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

Name
Address
Basis of Claim









   9. (a) If the plaintiff is a grandparent who is not in loco parentis to the child and is seeking physical and/or legal custody pursuant to 23 Pa.C.S. §  5323, you must plead facts establishing standing pursuant to 23 Pa.C.S. §  5324(3).


 


 


 


     (b) If the plaintiff is a grandparent or great-grandparent who is seeking partial physical custody or supervised physical custody pursuant to 23 Pa.C.S. §  5325, you must plead facts establishing standing pursuant to §  5325.


 


 


 


     (c) If the plaintiff is a person seeking physical and/or legal custody pursuant to 23 Pa.C.S. §  5324(2) as a person who stands in loco parentis to the child, you must plead facts establishing standing.


 


 


 


   10. I have 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 (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) 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      


   Official Note

   The form of complaint is appropriate where there is one plaintiff and one defendant and where the custody of one child is sought, or where the custody of several children is sought and the information required by paragraphs 3 to 7 is identical for all of the children. Where there are multiple parties, the complaint should be appropriately adapted to accommodate them. Where the custody of several children is sought and the information required is not identical for all, the complaint should contain a separate paragraph for each child.

 (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:




 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 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 in substantially the following form:

(Caption)
ORDER OF COURT

 You,


, (defendant) (respondent), have been sued in court to (OBTAIN) (MODIFY) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) 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 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:



J.  

Date:

Explanatory Comment—2008

   In an effort to promote uniformity of practice throughout the Commonwealth, several forms are included in the rules. Two aspects of these forms are worthy of mention. First, much of the information which must be set forth in the complaint is required by the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. §  5429. Second, the complaint is verified by use of a statement that it is subject to the penalties of the Crimes Code relating to unsworn falsification to authorities. A notary public is not needed.

Source

   The provisions of this Rule 1915.15 amended November 8, 1982, effective January 1, 1983, 12 Pa.B. 4040; amended April 29, 1991, effective July 1, 1991, 21 Pa.B. 2337; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended November 19, 2008, effective immediately, 38 Pa.B. 6596; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial pages (340205) to (340208).



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