Custody Conciliation in Allegheny County

Conciliation Is a Praecipe-Driven Step, Not the First Step

In Allegheny County, custody cases follow a defined scheduling sequence under Local Rule 1915. Conciliation is not the entry point. It comes after several earlier steps:

1. Filing. A Complaint for Custody (or Petition for Modification) is filed with the Department of Court Records at 414 Grant Street, along with a Criminal Record/Abuse History Verification and an information sheet.
2. Generations Program — education. Both parents must complete the "Able to Adjust" online co-parenting education seminar — a four-hour program required once per parent per case type.
3. Generations Program — mediation. Mediation is conducted remotely via Microsoft Teams. It is closed and confidential under Local Rule 1915.4-3. Attorneys are not present. A domestic violence waiver is available for parties with documented abuse within the prior twenty-four months.
4. Post-mediation routing. If the parties reach a Memorandum of Understanding (MOU) at mediation, they email the Custody Department to schedule the consent order. If no MOU is reached:
   • Cases without a current custody order are scheduled automatically: partial custody filings go to an Interim Relief Hearing with the Custody Hearing Officer; shared or primary custody filings go to a combined Interim Relief Hearing and Conciliation.
   • Cases with a current custody order require the parties to praecipe within 120 days for the next court event, or risk dismissal.

Conciliation, in the strict sense, is what happens at step 4 (combined with an Interim Relief Hearing for shared or primary custody cases) or after — when a party files a praecipe (Form I-7) with the Custody Department, attaching the Certificate of Completion of Mediation, to schedule a conciliation before the Custody Hearing Officer.

The praecipe must be filed within 120 days of the mediation date or the underlying complaint may be dismissed.

The Custody Hearing Officer Presides

Custody conciliations in Allegheny County are conducted by Custody Hearing Officers — court officers assigned to the Custody Department at the Family Law Center, 440 Ross Street.

The Custody Hearing Officer is not a judge, but the role carries real procedural authority. The Hearing Officer has the power to enter consent orders agreed to at conciliation, to refer cases for psychological evaluation or home study, to schedule judicial conciliations, and — for partial custody and contempt matters — to schedule a hearing before the same Hearing Officer at a later date.

This is different from mediation. The mediator at the Generations program is a neutral facilitator whose role is to help parties reach an MOU; the conversation is closed and confidential, and attorneys do not attend. The Custody Hearing Officer at conciliation is a court officer, attorneys do attend, and the proceeding is on the record in the sense that what happens there shapes what happens next.

How a Conciliation Actually Proceeds

Both parties must attend conciliation in person, regardless of representation by counsel, unless excused by court order from motions court. Indigent parties may qualify for free counsel through the Pittsburgh Pro Bono Partnership Custody Conciliation Project.

The Custody Hearing Officer will:

• Hear each party's position on the proposed custody arrangement
• Review the case posture — current schedule if any, the children's situation, any history of contact
• Identify points of agreement and points of disagreement
• Press both sides toward resolution where possible
• Determine whether the case can be resolved at conciliation or requires further proceedings

Consent orders reached at conciliation can be processed by the Hearing Officer if approved as written. Consent orders reached before the conciliation date must be signed by the assigned judge and a copy delivered to the Custody Department; the consent must include language cancelling the scheduled conciliation.

If a party does not appear at conciliation, the Custody Hearing Officer has several options: dismiss the petition, schedule a judicial conciliation or partial custody hearing, issue a bench warrant, enter an interim order altering the custody arrangement, or impose counsel fees.

The Branching Outcomes

When the parties cannot reach agreement at conciliation, what happens next depends on the type of custody being sought.

For sole, primary, or shared custody cases, the Custody Hearing Officer may refer the case for a psychological evaluation and/or home study. After evaluation, a judicial conciliation may be scheduled before the assigned judge. If the Hearing Officer does not refer for evaluation, a judicial conciliation is scheduled directly.

For partial custody and contempt matters, the case is typically scheduled for a Partial Custody/Contempt Hearing before the same Custody Hearing Officer. A pretrial order is issued; the pretrial statement is due ten days prior to the hearing date and must be delivered or mailed to the Custody Department.

In limited circumstances, following a judicial conciliation, the assigned judge may direct that the case be scheduled before the Custody Hearing Officer for a hearing rather than proceeding directly to trial.

If a party wishes to challenge the authority of the Custody Hearing Officer to hear a case, the motion must be filed before the assigned judge prior to the court date pursuant to Pa.R.C.P. 1915.4-1. Failure to file the motion before the hearing waives the issue.