Rule 1915.3. Commencement of Action. Complaint. Order[.]

      (a)    Except as provided [by]in subdivision (c), [an action shall be
commenced]the plaintiff shall commence a custody action by filing a verified
complaint substantially in the form provided by Pa.R.C.P. No. 1915.15(a).

       Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or
unrepresented parties to file confidential documents and documents containing
confidential information that are subject to the Case Records Public Access Policy of
the Unified Judicial System of Pennsylvania.

        (b)    An order shall be attached to the complaint or petition for modification
directing the defendant to appear at a time and place specified. The order shall be
substantially in the form provided by [Rule]Pa.R.C.P. No. 1915.15([b]c).

        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]custody claim that is joined with [an action
of divorce]a divorce action shall be asserted in the divorce complaint or a
subsequent petition, which shall be substantially in the form provided by
[Rule]Pa.R.C.P. No. 1915.15(a).

       Note: [Rule]See Pa.R.C.P. No. 1920.13(b)[ provides that claims which may
be joined with an](claims that are joined in a divorce action[ of divorce] shall be
raised [by the]in a complaint or a subsequent petition).

       (d)    If the child’s mother[ of the child] is not married and the child has no
legal or presumptive father, [then ]a putative father initiating [an action for]a custody
[must]action shall file a paternity claim[ of paternity] pursuant to 23 Pa.C.S. § 5103
and attach a copy to the custody 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]Pa.R.C.P. No. 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.]
       (e)  Pleading Facts Establishing Standing.

             (1)    An individual seeking physical or legal custody of a child, who
                    is in loco parentis to the child, shall plead facts establishing
                    standing under 23 Pa.C.S. § 5324(2) in Paragraph 9(a) of the
                    complaint in Pa.R.C.P. No. 1915.15(a).

             (2)    A grandparent seeking physical or legal custody of a
                    grandchild, who is not in loco parentis to the child, shall plead
                    facts establishing standing under 23 Pa.C.S. § 5324(3) in
                    Paragraph 9(b) of the complaint in Pa.R.C.P. No. 1915.15(a).

             (3)    An individual seeking physical or legal custody of a child, who
                    is not in loco parentis to the child, shall plead facts
                    establishing standing under 23 Pa.C.S. § 5324(4) and (5) in
                    Paragraph 9(c) of the complaint in Pa.R.C.P. No. 1915.15(a).

             (4)    A grandparent or great-grandparent seeking partial physical
                    custody or supervised physical custody of a grandchild or
                    great-grandchild shall plead facts establishing standing under
                    23 Pa.C.S. § 5325 in Paragraph 9(d) of the complaint in
                    Pa.R.C.P. No. 1915.15(a).

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




                                          2
                                 Comment — 2020

       Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a
new class of third-party standing for individuals seeking custody of a child whose
parents do not have care and control of the child. The individual seeking custody
may or may not be related to the child. Subject to Section 5324(5), the newly
added standing provision requires that: (1) the individual has assumed or is
willing to assume responsibility for the child; (2) the individual has a sustained,
substantial, and sincere interest in the child’s welfare; and (3) the child’s parents
do not have care and control of the child. A plaintiff proceeding under Section
5324(4) shall satisfy the requirements of that provision by clear and convincing
evidence. Additionally, if a juvenile dependency proceeding has been initiated, or
is ongoing, or there is an order for permanent legal custody, Section 5324(5)
provides that an individual cannot assert standing under Section 5324(4).

      Consistent with the Act 21 of 2018 statutory changes, subdivision (e) has
been revised to include a third party seeking custody of a child under 23 Pa.C.S. §
5324(4). The subdivision has been reorganized to sequentially follow the
statutory provisions in 23 Pa.C.S. §§ 5324(2)-(4) and 5325. Similarly, the
Complaint for Custody Paragraph 9 in Pa.R.C.P. No. 1915.15(a) has been
reorganized to sequentially follow the statutory provisions and rules sequence,
as well. See Pa.R.C.P. No. 1915.15(a).




                                         3
Rule 1915.5. Question of Jurisdiction, Venue, or Standing. [No Responsive
Pleading by Defendant Required.] Counterclaim. Discovery. No Responsive
Pleading by Defendant Required

      [(a) A party must raise any question of jurisdiction of the person or
venue, and may raise any question of standing, by preliminary objection filed
within twenty days of service of the pleading to which objection is made or at the
time of hearing, whichever first occurs. No other pleading shall be required, but if
one is filed it shall not delay the hearing.]
      (a)      Question of Jurisdiction, Venue, or Standing.

              (1)    A party shall raise jurisdiction of the person or venue by
                     preliminary objection.

              (2)    A party may raise standing by preliminary objection or at a
                     custody hearing or trial.

              (3)    The court may raise standing sua sponte.

              (4)    In a third-party plaintiff custody action in which standing has
                     not been resolved by preliminary objection, the court shall
                     address the third-party plaintiff’s standing and include its
                     standing decision in a written opinion or order.

        Note: The court may raise at any time a question of (1) jurisdiction over the
subject matter of the action or (2) the exercise of its jurisdiction pursuant to [§]Section
5426 of the Uniform Child Custody Jurisdiction and Enforcement Act, relating to
simultaneous proceedings in other courts, [§]Section 5427, relating to inconvenient
forum, and [§]Section 5428, relating to jurisdiction declined by reason of conduct. The
Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5407, provides
that, upon request of a party, an action in which a question of the existence or exercise
of jurisdiction is raised shall be given calendar priority and handled expeditiously.

       (b)    A party may file a counterclaim asserting the right of physical or legal
custody within [twenty]20 days of service of the complaint upon that party or at the time
of hearing, whichever first occurs. The claim shall be in the same form as a complaint
as required by [Rule]Pa.R.C.P. No. 1915.3.

       (c)    There shall be no discovery unless authorized by special order of court.

      Note: The rule relating to discovery in domestic relations matters generally is
[Rule]Pa.R.C.P. No. 1930.5.



                                             4
       (d)   Except as set forth in subdivisions (a) and (b), a responsive pleading
shall not be required. If a party files a responsive pleading, it shall not delay a
hearing or trial.

                                        ***




                                         5
                                 Comment — 2020

       Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a
new class of third-party standing for individuals seeking custody of a child whose
parents do not have care and control of the child. Subject to the limitations in 23
Pa.C.S. § 5324(5), the newly added standing provision requires that: (1) the
individual has assumed or is willing to assume responsibility for the child; (2) the
individual has a sustained, substantial, and sincere interest in the child’s welfare;
and (3) the child’s parents do not have care and control of the child. A plaintiff
proceeding under Section 5324(4) shall satisfy the requirements of that provision
by clear and convincing evidence.

       Typically, when a third party is seeking custody of a child, the child’s
parents can raise the issue of the third party’s standing to pursue custody.
However, Section 5324(4) permits a party to seek custody of a child only when the
child’s parents do not have care and control of the child. If the parents’ lack of
care and control also results in their non-participation in the custody litigation,
the third party’s standing may go unchallenged. Subdivision (a) has been
amended by including two new subdivisions to address this circumstance.
Subdivision (a)(3) permits the court to raise standing sua sponte and, if third-
party standing is not resolved by preliminary objection, the court shall address
the standing issue in its written opinion or order as required by subdivision (a)(4).




                                         6
Rule 1915.15. Form of Complaint. Caption. Order. Petition to Modify a Custody
Order[.]

      (a)      The complaint in [an action for custody]a custody action shall be
substantially in 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)

3.    Plaintiff seeks (shared legal custody) (sole legal custody) (partial physical
custody) (primary physical custody) (shared physical custody) (sole physical custody)
(supervised physical custody) of the following child(ren):

     Name                       Present Residence          Age
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

The child (was)(was not) born out of wedlock.

The child is presently in the custody of ____________________, (Name) who resides at

____________________________________________________________________.
     (Street)                   (City)                     (State)

During the past five years, the child has resided with the following persons and at the
following addresses:

(List All Persons)                     (List All Addresses)                 (Dates)
 ____________________             __________________________                __________
 ____________________             __________________________                __________
 ____________________             __________________________                __________

A parent of the child is __________, currently residing at ________________________.


                                            7
This parent is (married) (divorced) (single).

A parent of the child is __________, currently residing at ________________________.

This parent is (married) (divorced) (single).

4.     [The ]Plaintiff’s relationship[ of plaintiff ]to the child is that of ______________.

[The plaintiff]Plaintiff currently resides with the following persons:

     Name                                                Relationship
_______________________                             _______________________
_______________________                             _______________________


5.   [The ]Defendant’s relationship[ of defendant] to the child is that of
_____________.

[The defendant]Defendant currently resides with the following persons:

     Name                                                Relationship
_______________________                             _______________________
_______________________                             _______________________


6.     Plaintiff (has) (has not) participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court. The court,
term and number, and its relationship to this action is:
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________.

      Plaintiff (has) (has no) information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state. The court, term and
number, and its relationship to this action is: __________________________________.

        Plaintiff (knows) (does not know) of a person not a party to the proceedings who
has physical custody of the child or claims to have custodial rights with respect to the
child. The name and address of such person is: ______________________________.

7.     The child’s best interest and permanent welfare [of the child ]will be served by
granting the relief requested because (set forth facts showing that the granting of the


                                                8
relief requested will be in the child’s best interest and permanent welfare)[ of the
child]:
______________________________________________________________________
_____________________________________________________________________.

8.     Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
All other persons, named below, who are known to have or claim a right to custody of
the child will be given notice of the pendency of this action and the right to intervene:

     Name                              Address                      Basis of Claim
____________________              _____________________             ______________
____________________              _____________________             ______________
____________________              _____________________             ______________

[9.   (a)    If the plaintiff is a grandparent who is not in loco parentis to the child
and is seeking physical and/or legal custody pursuant to 23 Pa.C.S. § 5323, you
must plead facts establishing standing pursuant to 23 Pa.C.S. § 5324(3).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

       (b)   If the plaintiff is a grandparent or great-grandparent who is seeking
partial physical custody or supervised physical custody pursuant to 23 Pa.C.S. §
5325, you must plead facts establishing standing pursuant to § 5325.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

       (c)  If the plaintiff is a person seeking physical and/or legal custody
pursuant to 23 Pa.C.S. § 5324(2) as a person who stands in loco parentis to the
child, you must plead facts establishing standing.
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________]

9.    (a)    If the plaintiff is seeking physical or legal custody of a child and is in
loco parentis to the child, the plaintiff shall plead facts establishing standing
under 23 Pa.C.S. § 5324(2).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________



                                            9
      (b)    If the plaintiff is a grandparent seeking physical or legal custody of a
grandchild and is not in loco parentis to the child, the plaintiff shall plead facts
establishing standing under 23 Pa.C.S. § 5324(3).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

       (c)   If the plaintiff is seeking physical or legal custody of a child and is
not in loco parentis to the child, the plaintiff shall plead facts establishing
standing pursuant to 23 Pa.C.S. § 5324(4) and (5).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

      (d)    If the plaintiff is a grandparent or great-grandparent seeking partial
physical custody or supervised physical custody of a grandchild or great-
grandchild, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. §
5325.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

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

        Wherefore, [plaintiff]Plaintiff requests the court to grant (shared legal custody)
(sole legal custody) (partial physical custody) (primary physical custody) (shared
physical custody) (sole physical custody) (supervised physical custody) of the child.
                                                  ____________________
                                                  Plaintiff/Attorney for Plaintiff

      I verify that the statements made in this Complaint 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.
                                                 ____________________
                                                 Plaintiff

       Note: The form of complaint is appropriate if there is one plaintiff and one
defendant and [if] the custody of one child is sought[, or if]or the custody of several
children is sought and the information required by [paragraphs]Paragraphs 3 to 7 is
identical for all of the children. If there are [multiple]more than two parties, the
complaint should be appropriately adapted to accommodate them. If the custody of



                                            10
several children is sought and the information required is not identical for all of the
children, the complaint should contain a separate paragraph for each child.

               See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or
unrepresented parties to file confidential documents and documents containing
confidential information that are subject to the Case Records Public Access Policy of
the Unified Judicial System of Pennsylvania.

                                            ***




                                             11
                                 Comment — 2020

       Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a
new class of third-party standing for individuals seeking custody of a child whose
parents do not have care and control of the child. The individual seeking custody
may or may not be related to the child. Subject to the limitations in 23 Pa.C.S. §
5324(5), the newly added standing provision requires that: (1) the individual has
assumed or is willing to assume responsibility for the child; (2) the individual has
a sustained, substantial, and sincere interest in the child’s welfare; and (3) the
child’s parents do not have care and control of the child. A plaintiff proceeding
under Section 5324(4) shall satisfy the requirements of that provision by clear
and convincing evidence. Additionally, if a juvenile dependency proceeding has
been initiated, or is ongoing, or if there is an order for permanent legal custody,
Section 5324(5) provides that an individual cannot assert standing under Section
5324(4).

      Consistent with the Act’s statutory change, the Complaint for Custody
Paragraph 9 has been revised to include a third party seeking custody of a child
under 23 Pa.C.S. § 5324(4) and has been reorganized to sequentially follow the
statutory provisions in 23 Pa.C.S. §§ 5324(2)-(4) and 5325. Similarly, Pa.R.C.P.
No. 1915.3(e) has been reorganized to sequentially follow the statutory provision
sequence. See Pa.R.C.P. No. 1915.3(e).




                                        12
