Rule 1915.3. Commencement of Action. Complaint. Order.

        (a)     Except as provided by subdivision (c), an action shall be commenced by
filing a verified complaint substantially in the form provided by Rule 1915.15(a).

      (b)     An order shall be attached to the complaint directing the defendant to
appear at a time and place specified. The order shall be substantially in the form
provided by Rule 1915.15(b).

       Note: See § 5430(d) of the Uniform Child Custody Jurisdiction and Enforcement Act, 23
Pa.C.S. § 5430(d), relating to costs and expenses for appearance of parties and child, and 23
Pa.C.S. § 5471, relating to intrastate application of the Uniform Child Custody Jurisdiction and
Enforcement Act.

      (c)     A claim for custody which is joined with an action of divorce shall be
asserted in the complaint or a subsequent petition, which shall be substantially in the
form provided by Rule 1915.15(a).

       Note: Rule 1920.13(b) provides that claims which may be joined with an action of
divorce shall be raised by the complaint or a subsequent petition.

       (d)    If the mother of the child is not married and the child has no legal or
presumptive father, then a putative father initiating an action for custody must file a
claim of paternity pursuant to 23 Pa.C.S. § 5103 and attach a copy to the complaint in
the custody action.

      Note: If a putative father is uncertain of paternity, the correct procedure is to
commence a civil action for paternity pursuant to the procedures set forth at Rule
1930.6.

       (e)    A grandparent who is not in loco parentis to the child and is seeking
physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S. § 5323 must plead,
in paragraph 9 of the complaint set forth at Rule 1915.15(a), facts establishing standing
under § 5324(3). A grandparent or great-grandparent seeking partial physical custody
or supervised physical custody must plead, in paragraph 9 of the complaint, facts
establishing standing pursuant to 23 Pa.C.S. § 5325.

      (f)    An unemancipated minor parent may commence, maintain or defend
an action for custody of the minor parent’s child without the requirement of the
appointment of a guardian for the minor parent.

                                              ***

Rule 1915.3-2. Criminal Record or Abuse History.

       (a)    Criminal Record or Abuse History Verification. [The petitioner] A party
must file and serve with the complaint, [or] any petition for modification, any
counterclaim, any petition for contempt or any count for custody in a divorce
complaint or counterclaim a verification regarding any criminal record or abuse
history of [the petitioner] that party and anyone living in [the petitioner’s] that
party’s household. The verification shall be substantially in the form set forth in
subdivision (c) below. The [petitioner] party must attach a blank verification form to a
complaint, counterclaim or petition served upon the[ respondent] other party.
Although the [respondent] party served need not file a responsive pleading pursuant
to Rule 1915.5, [the respondent] he or she must file with the court a verification
regarding [any] his or her own criminal record or abuse history [of the respondent]
and that of anyone living in[the respondent’s] his or her 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, depending upon the procedure in the judicial
district) but not later than 30 days after service of the complaint or petition. [upon the
respondent.] A party’s failure to file a Criminal Record or Abuse History
Verification may result in sanctions against that party. Both parties shall file and
serve updated verifications five days prior to trial.

       (b)    Initial Evaluation. At the initial in-person contact with the court, the judge,
conference officer, conciliator or other appointed individual shall perform an initial
evaluation to determine whether the existence of a criminal or abuse history of either
party or a party’s household member poses a threat to the child and whether counseling
is necessary. The initial evaluation required by 23 Pa.C.S. § 5329(c) shall not be
conducted by a mental health professional. After the initial evaluation, the court may
order further evaluation or counseling by a mental health professional if the court
determines it is necessary. Consistent with the best interests of the child, the court may
enter a temporary custody order on behalf of a party with a criminal history or a party
with a household member who has a criminal history, pending the party’s or household
member’s evaluation and/or counseling.

        Note: The court shall consider evidence of criminal record or abusive history presented
by the parties. There is no obligation for the court to conduct an independent investigation of
the criminal record or abusive history of either party or members of their household. The court
should not consider ARD or other diversionary programs. When determining whether a party or
household member requires further evaluation or counseling, or whether a party or household
member poses a threat to a child, the court should give consideration to the severity of the
offense, the age of the offense, whether the victim of the offense was a child or family member
and whether the offense involved violence.

      (c) Verification. The verification regarding criminal or abuse history shall be
substantially in the following form:

                                          (Caption)

                 CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

                                             ***


                                               2
5.     If you are aware that the other party or members of the other party’s household
has or have a criminal record/abuse history, please explain:

____________________________________________________________________

____________________________________________________________________

                                           ***

Rule 1915.12. Civil Contempt for Disobedience of Custody Order. Petition. Form
of Petition. Service. Order.

                                           ***

      (c)    The petition shall be in substantially the following form:

                                        (Caption)

                          PETITION FOR CIVIL CONTEMPT FOR
                          DISOBEDIENCE OF CUSTODY ORDER

The Petition of __________________, respectfully represents:

  1. That on _________, Judge ________________________entered an Order
awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody) (partial
physical custody) (primary physical custody) (shared physical custody) (sole physical
custody) (supervised physical custody) of the minor
child(ren)______________________________________________________________
_____________________________________________________________________

(Name(s) of Child(ren))

 A true and correct copy of the order is attached to this petition.

  2. Respondent has willfully failed to abide by the order in that
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

  3. Petitioner has attached the Criminal Record/Abuse History Verification form
required pursuant to Pa.R.C.P. No. 1915.3-2.

WHEREFORE, Petitioner requests that Respondent be held in contempt of court.

_________________________________________________________________

                                            3
(Attorney for Petitioner) (Petitioner)

 I verify that the statements made in this [complaint] petition 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

                                           ***

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)

                                           ***

  [The mother] A parent of the child is ______________________currently residing at

_______________________________________________________________

[She] This parent is (married) (divorced) (single).

  [The father] A parent of the child is _______________________currently residing at

_______________________________________________________________

[He] This parent is (married) (divorced) (single).

                                           ***

                                            4
  10. [I have] Plaintiff has attached the Criminal Record/Abuse History Verification
form required pursuant to Pa.R.C.P. No. 1915.3-2.

                                           ***

        (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:

______________________________________________________________________
______________________________________________________________________

  3. Petitioner has attached the Criminal Record/Abuse History Verification form
required pursuant to Pa.R.C.P. No. 1915.3-2.

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] petition 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

                                           ***

Rule 1915.17. Relocation. Notice and Counter-Affidavit.

      (a)    A party proposing to change the residence of a child which significantly
impairs the ability of a non-relocating party to exercise custodial rights must notify

                                             5
every other person who has custodial rights to the child and provide a counter-affidavit
by which a person may agree or object. The form of the notice and counter-affidavit are
set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail,
return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later
than the sixtieth day before the date of the proposed change of residence or other time
frame set forth in 23 Pa.C.S. § 5337(c)(2).

                                          ***




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