Current through Register Vol. 54, No. 44, November 2, 2024
Rule 1915.4-1 - Alternative Hearing Procedures for Partial Custody Actions(a) A custody action shall proceed as prescribed by Pa.R.C.P. No. 1915.4-3 unless the court, by local rule, adopts the alternative hearing procedure authorized by Pa.R.C.P. No. 1915.4-2 pursuant to which an action for partial custody may be heard by a hearing officer, except as provided in subdivision (b).(b) Promptly after the parties' initial contact with the court as set forth in Pa.R.C.P. No. 1915.4(a), a party may move the court for a hearing before a judge, rather than a hearing officer, in an action for partial custody where:(1) there are complex questions of law, fact or both; or(2) the parties certify to the court that there are serious allegations affecting the child's welfare.(c) The president judge or the administrative judge of the family division of each county shall certify that custody proceedings generally are conducted in accordance with either Pa.R.C.P. No. 1915.4-2 or Pa.R.C.P. No. 1915.4-3. The certification shall be filed with the Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania and shall be substantially in the following form: I hereby certify that County __________________ conducts its custody proceedings in accordance with Pa.R.C.P. No. ___________.
__________________________
(President Judge)
__________________________
(Administrative Judge)
The provisions of this Rule 1915.4 -1 adopted July 15, 1994, effective 1/1/1995, 24 Pa.B. 3803; amended November 30, 2000, effective 3/1/2001, 30 Pa.B. 6423; amended October 30, 2007, effective immediately, 37 Pa.B. 5974; amended April 18, 2008, effective immediately, 38 Pa.B. 1815; amended August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended November 18, 2014, effective in 30 days on December 18, 2014, 44 Pa.B. 7514; amended March 4, 2016, effective 4/1/2016, 46 Pa.B. 1412; amended October 14, 2016, effective 12/1/2016, 46 Pa.B. 6819.