What are the steps in a custody case in Delaware County?

Last updated October 4, 2026.

A Delaware County custody case starts with a verified complaint filed at the Office of Judicial Support in Media, goes first to a Custody Conciliator who tries to reach an agreement, and reaches a judge only if it does not settle and a parent asks for a trial (Delaware County Local Rule 1915.4-1). Statewide rules require the first in-person court contact within 45 days of filing and a decision within 15 days after a trial ends, unless extended (Pa.R.C.P. 1915.4).

Most parents never see a judge in a courtroom: agreements reached at conciliation are written up and signed by a judge. Delaware County also has a local rule, Local Rule 1915.11-1, governing parenting coordinators for cases where the court appoints one to help parents carry out an order. For the custody and support services we offer from our office across from the Courthouse, see our child custody and child support page. Our family law overview covers divorce, support and protection orders as well.

What happens in a Delaware County custody case, step by step?

1. Filing. The parent files a verified custody complaint, with a court order attached directing the other parent to appear at a set time and place (Pa.R.C.P. 1915.3(a) and (b)). The county's family court handbook says custody forms are filed in the Office of Judicial Support, Room 124, first floor of the Government Center. If the parents are divorcing, custody can instead be raised as a count in the divorce complaint (1915.3(c)).
2. Criminal record and abuse history form. The filing parent completes and files a confidential Criminal Record/Abuse History Verification for themselves and their household, and serves it on the other parent with a blank form (Pa.R.C.P. 1915.3-2(a)(2)).
3. Service. The filing parent, not the court, must serve the conciliation notice and the complaint on every other party. The county handbook warns that without proof of service, the conference may be rescheduled or the complaint dismissed.
4. The other parent's form. The other parent serves and files their own verification no later than the first court contact or 30 days after service, whichever comes first (Rule 1915.3-2(a)(3)).
5. Conciliation conference. Both parents, and their lawyers, must attend a conference before the Custody Conciliator (Local Rule 1915.4-1(d)). Agreements are written as a stipulation and proposed order and sent to the court with a recommendation (1915.4-1(e)).
6. Further conferences or a hearing. Cases not resolved can be relisted for more conferencing or sent to the court (1915.4-1(f)). The handbook describes an informal hearing before the conciliator, which may not be recorded, followed by a recommended temporary order signed by a judge.
7. Parenting seminar. If the case is not resolved at the first conference, the court may order both parents to attend a seminar for separated and divorced parents (Local Rule 1915.19(a)).
8. De novo trial. A parent who disagrees with the temporary order can ask for a trial before a judge in the main Courthouse. The judge may first hold a pre-trial conference. Testimony at trial is recorded, and the judge issues a final custody order.

What deadlines apply?

What does the conciliator do, and what should I bring?

The Custody Conciliator is a court-appointed hearing officer who meets both parents and tries to negotiate a schedule. If a parent fails to appear after proper service, the conciliator reports to the court and may recommend sanctions (Local Rule 1915.4-1(g)).

Bring your proposed schedule for weekdays, weekends, holidays and vacations, the children's school and activity calendars, and any records you want considered. In a contested case the court can require each parent to submit a parenting plan covering the schedule, education, religion, health care, child care, transportation and how future disputes will be resolved (23 Pa.C.S. 5331). A parenting plan and the position in it cannot be used as evidence by the other parent (5331(a)).

What the conciliator and the judge are weighing is spelled out in the custody factors, explained in how judges decide custody after Kayden's Law, which since 2024 give substantial weight to the child's safety (23 Pa.C.S. 5328(a), as amended by Act 8 of 2024, often called Kayden's Law, and Act 11 of 2025). The court can award shared, primary, partial, sole or supervised physical custody, and shared or sole legal custody (5323(a)).

Can I get a temporary order before the conference?

Yes, in the right case. At any time after the action starts, the court may grant interim or special relief, including temporary legal or physical custody, an order to bring a child before the court, or an order that a parent post security to appear with the child (Pa.R.C.P. 1915.13). If there is abuse, a protection from abuse petition can also include temporary custody terms (23 Pa.C.S. 6108(a)(4)); see how a PFA affects custody in Pennsylvania.

A pending criminal charge for certain offenses against the other parent can also be raised: a parent who learns of such a charge may ask for a temporary order or a change in the existing one, and the court must hear it promptly (23 Pa.C.S. 5330).

What changes the answer?

• Agreement. An agreement at conciliation ends the contested part of the case without a hearing (Local Rule 1915.4-1(e)).
• Abuse or a present risk of harm. The order must include safety provisions and reasons, and supervised custody can be presumed where there is an ongoing risk of abuse (23 Pa.C.S. 5323(e) and (e.1); Pa.R.C.P. 1915.10(b)(2)).
• Criminal convictions. For listed offenses, including DUI convictions under 75 Pa.C.S. Chapter 38, the court must consider the conviction and find no threat of harm before awarding custody to that parent (23 Pa.C.S. 5329(a)). Our criminal defense page covers the criminal side of those cases.
• Who is asking. Grandparents and others who are not parents must plead facts showing standing (Pa.R.C.P. 1915.3(e)); see grandparent custody and visitation.
• Which county. Custody venue is generally the child's home county (Rule 1915.2(a)); a parent who wants to move the child must follow the relocation rules in moving away with your child.
• A guardian ad litem. The court may appoint a lawyer to represent the child's best interests and require the parties to share the cost (23 Pa.C.S. 5334).

For example: a schedule agreed in part

Here is a hypothetical. A father in Ridley Park files for shared physical custody of his two children after separating from their mother, who lives in Media. He files the complaint and his verification form in Room 124, serves the conciliation notice and complaint by certified and first-class mail, and files proof of service.

About a month later the parents meet the Custody Conciliator. They agree on alternating weekends and a Wednesday dinner but not on summer weeks, so the conciliator relists the case and the court orders both to attend the parenting seminar. At the second conference they still disagree on summer, so the conciliator holds a hearing and recommends a temporary order. The mother asks for a trial; the judge holds a pre-trial conference, then hears both parents, and must decide within 15 days after the trial ends. This example only illustrates the process; it does not predict any result.

What mistakes do parents make in Delaware County custody cases?

• Not serving the notice and complaint. The filer must serve and prove service, or the conference may be rescheduled or the complaint dismissed.
• Skipping the verification form. Failing to file an initial or updated Criminal Record/Abuse History Verification can lead to sanctions (Rule 1915.3-2(a)(5)).
• Bringing the children unannounced. Delaware County requires seven days' written notice (Local Rule 1915.11(d)).
• Ignoring the seminar order. A parent who does not attend can be held in contempt, and the hearing will not be delayed by the refusal (Local Rule 1915.19(e)).
• Sending records late. School, medical and police records must go to the other side 20 days before the hearing to be admitted without a witness (Local Rule 1915.4-1(h)).
• Not following the temporary order. Willful violation can bring contempt with jail of up to six months, a fine of up to $500, probation or loss of driving privileges (23 Pa.C.S. 5323(g)).

What should I do this week?

1. Write down the current schedule and what you are asking for, including holidays and summer.
2. Collect school, medical and activity records you may want to rely on.
3. Complete the Criminal Record/Abuse History Verification honestly for you and your household.
4. Arrange service and keep proof of it.
5. Follow any existing order or PFA exactly while the case is pending.
6. Book a consultation before the conciliation conference, when most agreements are reached.

Frequently asked questions

Will my child have to talk to the judge?

Not necessarily. The child's well-reasoned preference is one factor, weighed by developmental stage and maturity (23 Pa.C.S. 5328(a)(7)), and in Delaware County a parent must give seven days' written notice before bringing a child to a hearing or conference.

Is the conciliator's recommendation final?

No. It becomes a temporary order signed by a judge, and either parent can ask for a de novo trial before a judge, where testimony is recorded.

Does a custody case delay my divorce?

Custody runs on its own track through conciliation, so it does not have to finish before the decree. The divorce waiting periods are explained in how long a divorce takes in Pennsylvania.

How fast will the judge decide after a trial?

Within 15 days after the trial ends, unless the court extends the time for good cause, and never more than 45 days (Pa.R.C.P. 1915.4(d)).

What is the difference between legal and physical custody?

Legal custody is the right to make major decisions such as medical, religious and educational ones; physical custody is the actual care and control of the child (23 Pa.C.S. 5322). See legal versus physical custody.

Does custody affect child support?

Yes. When a child spends 40 percent or more of overnights with the paying parent, there is a presumption that the support amount is reduced (Pa.R.C.P. 1910.16-4(c)). See how child support is calculated in Pennsylvania.

Can custody be decided as part of my divorce?

Yes. A custody claim can be raised in the divorce complaint or a later petition (Pa.R.C.P. 1915.3(c)); it still goes to conciliation. See how to file for divorce in Delaware County. Our page on Delaware County family court shows where each custody hearing is held.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before your custody conference. Evening and weekend appointments are available.