Penn. Gr.Co.R. 1915

As amended through January 1, 2018
Rule 1915 - Custody
a. When a claim for custody, partial custody or visitation is made in a complaint, petition, or counterclaim, such pleading shall comply with Pa.R.C.P. 1915.15(1) and shall have attached an Order of the Court referring the claim to the Child Custody Hearing Officer. The moving party shall file the original and a copy of such pleading with the Prothonotary who shall then forward the copy to the Court Administrator for scheduling.
b. Prior to the hearing, the Child Custody Hearing Officer shall ensure that the litigants view the Pennsylvania Bar Association Custody Tape, and further, shall maintain a roster to ensure viewing is not repetitious.
c. The Child Custody Hearing Officer will hold a hearing which the parties shall attend. The parties and their attorneys, with the hearing officer as a mediator, shall make a good-faith effort to resolve the issues and reach an agreement on custody, partial custody or visitation. The Child Custody Hearing Officer shall conduct the hearing as an informational and conciliatory proceeding rather than adversarial.
d. If an agreement is obtained, the Child Custody Hearing Officer shall review the agreement with the parties and their counsel to ensure agreement, and thereafter prepare a proposed order and present to the Court for review and acceptance.
e. If an agreement is not obtained, the Child Custody Hearing Officer shall proceed to conduct a hearing on the merits of the case and submit a proposed and recommended Order to the Court. Upon the Order being entered by the Court, the Prothonotary will promptly provide a copy thereof to the parties and their counsel, if any. The said Order shall become final unless exceptions or an appeal for a hearing de novo is filed with the Prothonotary by either party within ten (10) days of the date of Order.
f. In the event that a party, after proper notice, fails to appear for the hearing, the Child Custody Hearing Officer shall proceed with the testimony of the appearing party and shall report the failure of one party to appear to the Court when presenting the proposed Order.
g. A party who does not appear for a hearing is not eligible to appeal for a hearing de novo but may petition the Court for rehearing before the Child Custody Hearing Officer for good cause shown.
h. Exceptions or an appeal of the Order shall be in writing. The original shall be filed with the Prothonotary and a copy thereof forthwith delivered to the Court Administrator, Child Custody Hearing Officer, the opposing party, and opposing counsel. The Order shall remain effective as a temporary order until further Order of the Court.
i. Upon receipt of exceptions or an appeal, the Court Administrator shall cause the case to be scheduled for a hearing de novo as expeditiously as possible. Upon motion of the parties or the Court, a pre-hearing conference may be scheduled.
j. Any party intending to apply for special relief is referred to Pa.R.C.P. 1915.13.
k. All petitions for civil contempt under Pa.R.C.P. 1915.12 shall be presented to the Court Administrator who shall set a hearing date thereon.
l. Any party filing preliminary objections raising a question of jurisdiction or venue shall promptly deliver a copy thereof to the Court Administrator so that such issues may be given priority and disposed of as expeditiously as possible.
m. In order to facilitate compliance with the requirements of the Uniform Child Custody Jurisdiction Act, a party shall provide the Court in writing all known information concerning any custody proceedings pending in another state or county which involves the same parties and/or children. In particular, the Court should be informed of the following:
(1) the name and address of the court in which such case is pending;
(2) the caption of such case;
(3) the name, address and telephone number of the judge to whom the case might have been assigned; and
(4) any orders entered in such case. Information provided under this rule should be submitted in writing.
n. All parties and their counsel, if any, shall be responsible for providing a responsible adult to care for all children who are brought to hearings before either the Child Custody Hearing Officer or the Court.

Penn. Gr.Co.R. 1915