How to File for Custody in Allegheny County: A Step-by-Step Guide

Filing for custody in Allegheny County follows a specific sequence, and the order matters: jurisdiction, standing, filing, service, a mandatory two-part program, and then court proceedings. Getting any step wrong can delay your case or result in dismissal. This guide walks through every step in the order you'll encounter them.

Step 1: Make Sure Allegheny County Is the Right Place to File

Before anything else, confirm that Allegheny County has jurisdiction over your custody case. The main venue rules under Pa.R.C.P. 1915.2(a) are straightforward:

• Allegheny County was the child's home county within the six months before filing, and a parent or person acting as a parent still lives here, or
• The child or children have lived in Allegheny County for at least the past six months

If a custody order already exists from another Pennsylvania county or from another state, jurisdiction may need to be formally transferred to Allegheny County before you can proceed here. Filing in the wrong county results in dismissal, and you will not get your filing fee back.

Step 2: Confirm You Have Standing

In Pennsylvania, not everyone can file a custody case. The law limits who qualifies to:

• A biological or adoptive parent of the child
• A person who stands in loco parentis, meaning someone who has stepped into the parental role with the knowledge and consent of the actual parent
• A grandparent or great-grandparent under specific statutory conditions (23 Pa.C.S. §§5324–5325)
• Certain other individuals under limited circumstances spelled out in the custody statute

If you are not a parent, research your standing carefully before you file. Courts will not proceed past a standing challenge, and a failed standing argument can cost time and money you could have avoided spending.

Step 3: File the Right Document at the Right Office

Custody complaints and petitions are filed at the Allegheny County Department of Court Records: not at the Family Division office. The filing address is 414 Grant Street, Pittsburgh, PA 15219. Choose the right document:

• Custody Complaint: for new custody actions, or when you're raising custody as a count in a divorce
• Petition for Modification: to change an existing custody order when a change would serve the child's best interest
• Civil Contempt Petition: to enforce an existing order the other party is violating

All required filing fees must be paid at the time of filing. If there is a prior action between the parties in Allegheny County, file under the existing docket number; do not open a new case.

Step 4: Include All Required Forms

Under Kayden's Law, all custody cases in Allegheny County now require the following forms to be filed with or attached to the complaint:

• Criminal Record and Abuse History Verification Form: required of all parties early in the case
• Custody Consent Verification Form: required before any consent order can be approved by the court

These forms are not optional and cannot be filed after the fact without potential consequences for your case. See our Kayden's Law page for direct download links to the current Allegheny County forms.

Step 5: Serve the Other Party and File Proof of Service

After filing, you are responsible for serving the other party with all custody documents: the complaint or petition, the Scheduling Order when issued, and any required program descriptions. Service must be completed within five days of the date of the Scheduling Order. After serving, file a Proof of Service with both the court's Prothonotary and the Custody Department.

Your case will not be scheduled for any proceeding until service is complete and documented.

Step 6: Complete the Generations Program

Once service is confirmed, the court issues a Scheduling Order directing both parties to complete the Generations Program: a mandatory two-part process that must be done before any court proceeding is scheduled.

The two parts of Generations

• Part One: Able to Adjust Online Co-Parenting Education Program, a 4-hour online course. Both parties must complete it.
• Part Two: Remote mediation via Microsoft Teams, a confidential session with an impartial mediator. Attorneys may not attend.

For complete details on the Generations Program, including fees, domestic violence waivers, and what happens if the other party doesn't show, see our Generations Program page.

Step 7: Mediation, Agreement or Proceed to Court

At the conclusion of mediation, one of two things happens:

• Agreement reached: The mediator prepares a Memorandum of Understanding (MOU). You can convert it into a final consent custody order. This ends the case.
• No agreement: If you have no existing custody order, the court schedules you for an Interim Relief Hearing automatically. If you have an existing order, you have 120 days to contact the court and request the next proceeding, or the case may be dismissed.

Step 8: Court Proceedings

If mediation does not resolve the case, it proceeds through the court's case management process: an Interim Relief Hearing, then a Conciliation with a Hearing Officer, then potentially a Partial Custody Hearing or referral for a psychological evaluation, and ultimately a full custody trial before the assigned judge when the case remains unresolved.

Each stage has its own procedures, attendance rules, and deadlines. A detailed breakdown of every stage is on our Allegheny County Custody Procedures page.

The most common mistake people make

People file the paperwork and then do nothing for months. The 120-day window after mediation is real, and the court will dismiss your case if you miss it. Without an attorney, set calendar reminders for every deadline from the moment you receive your Scheduling Order. To have someone manage those deadlines for you, call us at (412) 303-9566.