The 120-Day Deadline in Allegheny County Custody Cases

If your mediation was completed more than 90 days ago and you have not contacted the Custody Department, read this now. The 120-day window closes without warning, and the court will not remind you.

The 120-day deadline is one of the most consequential and most overlooked rules in Allegheny County custody proceedings. It is a hard cutoff, and missing it will result in dismissal of your case. Yet many people going through the custody process don't hear about it clearly until it's already close to expiring.

Where the 120-Day Rule Comes From

Allegheny County's custody procedures require parties to actively move their case forward after the Generations mediation session. The rules are designed to prevent cases from sitting dormant for months or even years while children and parents remain in legal limbo. The 120-day window gives you roughly four months after mediation to either reach a final agreement or take action to proceed through the court process.

When Does the 120-Day Clock Start?

The clock starts on the date of your mediation session: not the date of filing, not the date of the education class, and not the date you receive a scheduling order. From the day mediation ends, you have 120 calendar days to act.

The 120-Day Rule Applies Differently Depending on Your Situation

People often get confused here because the 120-day rule does not apply the same way in every case. Whether and how it applies depends on whether an existing custody order is in place.

No existing custody order

The court automatically schedules you for an Interim Relief Hearing after failed mediation. The 120-day rule for requesting the next step does not apply the same way, but other deadlines still govern how quickly you must act.

Existing custody order (This is where it matters most)

If you already have a custody order and mediation did not resolve the modification or contempt matter, you have exactly 120 days from mediation to contact the Custody Department and request scheduling of the next court event. Miss this window and your case may be dismissed.

What You Need to Do Before Day 120

If you have an existing custody order and mediation did not resolve your case, here is what you must do within 120 days of the mediation date:

1. Contact the Custody Department
2. Request scheduling of the next court event, typically a conciliation with a Custody Hearing Officer
3. Include a copy of your Certificate of Completion of Mediation with your request

The action required is simple, and the cost of not taking it is significant.

What Happens If You Miss the Deadline

Under Allegheny County local rules, if a praecipe or request to schedule has not been filed within 120 days of the mediation date, the custody complaint or petition may be dismissed. Dismissal means:

• The existing custody order remains in place: the changes you were seeking do not happen
• You would need to refile a new complaint or petition
• You would need to pay new filing fees
• You would need to go through the Generations Program again, including the online class and mediation
• Months of time and effort are lost

If there was no prior order and the dismissal involves an emergency or protection of your child, the consequences can be even more serious.

The Second 120-Day Rule You Need to Know

There's another 120-day window that's less well-known. If you completed mediation orientation more than 120 days ago and circumstances bring you back to court, whether on a new action or because you never finalized the original one, you will be automatically scheduled for another mediation orientation before any court proceeding can occur. The prior mediation "expires," in a sense, and the process restarts.

Some people who mediated and reached a partial agreement, then waited to formalize it, find themselves required to go through mediation again before the court will schedule the next step. The 120-day clock therefore serves as a reset mechanism as well as a deadline.

Rescheduling Limitations That Also Apply

Related to timing: no custody case can be rescheduled for a date more than 70 days after the Scheduling Order was issued, except by court order in extraordinary circumstances. Rescheduling requests beyond that window must go through Family Division Motions Court. This is another deadline that surprises people who think rescheduling is routine.

Practical note: Allegheny County Family Division has a substantial caseload. Scheduling delays are common, and court dates often run weeks or months out. If you're approaching the 120-day mark, contact the Custody Department as soon as possible to ensure you get a date within the window.

The Conciliation Praecipe: What You're Filing

Formally, the document you file to request a conciliation date is called a praecipe to schedule a conciliation. Only one party or their attorney needs to sign it, even though the form contains signature lines for both sides. Include a copy of the Certificate of Completion of Mediation with the praecipe or email request. Without that certificate, the Custody Department will not schedule the conciliation.

From Scott Levine

I've seen clients lose significant ground in custody cases without doing anything wrong in court, simply because they didn't know about a deadline, assumed someone would tell them, or were waiting to hear back from the court. Allegheny County Family Division does not track your deadlines for you. That responsibility falls on you or your attorney.

If you're in a custody case right now and you're not certain where you stand on the 120-day window or any other deadline, the smart move is a quick call before a small administrative issue becomes a major setback. Start here or call me directly at (412) 303-9566.