How Custody Cases Work in Allegheny County

If you're facing a custody case in Allegheny County, you're dealing with a court that has its own local rules, required programs, and procedures that don't always match what you'll find on general legal websites. This guide walks you through the actual process — from the moment you file to the day you get a final order — so you know what to expect at every stage.

The Four Stages of a Custody Case

Stage 1: Filing and Service

To begin a custody case, you file one of the following with the Department of Court Records — not the Family Division office:

• A Custody Complaint — for new actions, or when custody is a count in a divorce
• A Petition for Modification — to change an existing custody order

All filing fees must be paid at the time of filing. After you file, you are responsible for serving the other party and providing the court with proof of service. Your case will not be scheduled until service is confirmed.

Jurisdiction: Is Allegheny County the Right Place to File?

Allegheny County is generally the right venue if the party with primary custody lives here, or if the child has lived in Allegheny County for at least the past six months. If a custody order already exists from another county or state, jurisdiction may need to be formally transferred. Filing in the wrong county results in dismissal — and your fees will not be refunded.

Standing: Do You Have the Right to File?

Only certain people can bring a custody case. Pennsylvania law limits custody actions to: a parent; a person acting in loco parentis; a grandparent or great-grandparent under specific statutory conditions; or certain other individuals under limited circumstances. If you are not a biological or adoptive parent, confirm standing before filing.

Stage 2: The Generations Program

Once your case is filed and service is complete, the court issues a Scheduling Order. Both parties must then complete the Generations Program — a two-part alternative dispute resolution requirement that applies every time a custody complaint or petition is filed, even if you've done it before.

Part One: Online Co-Parenting Education Class

The first step is the Able to Adjust Online Co-Parenting Education Program, a four-hour online course designed to help parents reduce conflict, communicate more effectively, and understand how separation affects children. Instructions for accessing the program are included in your Scheduling Order.

Part Two: Mediation (Remote, via Microsoft Teams)

Mediation is conducted remotely through Microsoft Teams. An impartial third party helps the parties discuss custody and explore whether an agreement is possible outside of court.

After Mediation: What Happens Next

If you reach an agreement: The mediator prepares a Memorandum of Understanding. You can convert it into a final consent custody order by emailing a copy to and requesting scheduling. The case ends here.

If no agreement is reached:

• If there is no existing custody order, the court automatically schedules you for an Interim Relief Hearing.
• If there is an existing custody order, you have 120 days from your mediation date to contact the court and request the next step. Miss that window and your case may be dismissed.

Stage 3: Court Case Management

Interim Relief Hearings

When parties have gone through mediation without an agreement and there is no existing custody order, the court automatically schedules a one-hour, on-the-record Interim Relief Hearing before the Custody Hearing Officer. Both parties must bring a draft Interim Custody Order.

Any interim order issued does not establish a status quo for the rest of the litigation. Exceptions cannot be filed against an interim order from the Hearing Officer. If both parties are still living together, any order entered becomes effective only when one party leaves the shared residence.

Custody Conciliation with a Hearing Officer

Parties may be scheduled for a conciliation after unsuccessful mediation or by court order. To get a conciliation date, submit a praecipe or email request — along with your Certificate of Completion of Mediation — to the Custody Department within 120 days of mediation. After 120 days without a praecipe, the complaint or petition may be dismissed.

If the parties cannot reach an agreement at conciliation, the Hearing Officer may refer the case to a custody hearing, a psychological evaluation, or a home study. For cases involving requests for sole, primary, or shared custody, the Hearing Officer may instead schedule a judicial conciliation.

Partial Custody and Contempt Hearings

After unsuccessful mediation or conciliation, parties may be scheduled for a hearing before the Custody Hearing Officer. A pretrial order is issued requiring a pretrial statement due 10 days before the hearing. The party who requested the hearing bears responsibility for filing the original order with the Department of Court Records, serving the opposing party, and filing proof of service.

Stage 4: Before a Judge

Judicial Conciliation

If the case is not resolved at the Hearing Officer level, it may proceed to a judicial conciliation before the assigned judge. Review the scheduling order carefully — requirements differ from prior proceedings.

Psychological Evaluations and Home Studies

When a contested request for sole, primary, or shared custody cannot be resolved through conciliation, the Hearing Officer may refer the parties for a psychological evaluation and/or home study. After evaluation, parties may schedule a conciliation before a judge.

Custody Trial and Final Order

If all prior proceedings fail to produce an agreement, the case goes to trial before the assigned judge, who issues a final custody order based on the evidence and Pennsylvania's statutory custody factors under 23 Pa.C.S. §5328 — 12 factors for cases filed on or after August 29, 2025 (under Act 11 of 2025) or 16 factors for cases filed earlier.

Motions in Custody Cases

Motions must be presented to the judge assigned to your case, absent a genuine emergency. Represented parties should consult the assigned judge's Standard Operating Procedures. Self-represented parties may inquire at the Family Law Center for guidance on motion scheduling.

Preparing for Any Custody Proceeding

• Bring all documentation and evidence that supports your position.
• Arrive on time, dressed appropriately — treat it like any professional appearance.
• Be ready to speak to each of the applicable custody factors under Pennsylvania law (12 factors under Act 11 of 2025 for cases filed on or after August 29, 2025; 16 factors for earlier cases) and how they apply to your child.
• If abuse is at issue, bring police reports, PFA orders, or any other evidence of risk — required under Kayden's Law.
• Ensure all required Kayden's Law forms are filed before your proceeding.

Resolving Custody by Consent Order — Before Mediation

Custody does not require mediation, a hearing, or a protracted process if the parties can reach agreement. The consent path moves faster and still produces a proper final order — but it requires doing it correctly from the start.

The sequence for consent custody in Allegheny County:

• File the Custody Complaint — same first step as contested cases. A complaint must be filed and docketed regardless of whether the parties agree.
• Serve or accept service — the other party is formally served, or accepts service through their attorney. Service cannot be skipped.
• Complete the education component — both parties complete the Generations Program online module (Able to Adjust). This is required even in uncontested cases before a consent order can be submitted.
• Submit the custody consent order to the judge — once the education component is complete, a properly drafted custody consent order is submitted directly to the assigned judge for approval. This happens before the scheduled mediation date, which becomes moot once the order is entered.

Custody terms in an MSA are not the same as a final custody order. While some attorneys combine them for convenience, the standalone consent order is the better practice for families — any future modification is cleaner, faster, and cheaper to address.

Custody Department Contact Information