Jurisdiction to Determine Pennsylvania Custody Cases
Before any family court judge or master can make a custody determination, the family court must have jurisdiction to enter the custody order. Jurisdiction is another way of saying that the court has the authority to enter an order on a particular case. Pennsylvania has adopted the Uniform Child Custody Jurisdiction & Enforcement Act, the UCCJEA, that sets forth the rules regarding which court has jurisdiction to enter a custody order. The UCCJEA provides that the court in the county and state where the minor child has lived for the six month period of time preceding a custody action is generally the court that has jurisdiction to determine the appropriate custody order. The UCCJEA also provides that if there has been a prior order regarding custody, the court that originally entered the order will be the court to modify the prior order unless that court decides that another county court would be the more appropriate forum.
Who Has Standing to Pursue a PA Custody Action?
Generally speaking, in Pennsylvania only a child's biological parents can file a Custody Complaint and seek custody rights with regard to their minor child. In very, very limited circumstances, third parties are granted the rights to seek partial or primary custody of a minor child. Third parties are generally only permitted to seek partial or primary custody if said rights are specifically set forth under state statutes such as the Grandparent Visitation Statutes or if the third parties are granted standing under common law principles such as when the person has acted like a parent to a child whose parent did not reside in the same household. The latter type of standing is called "in loco parentis" meaning acting like a parent.
Contact Our Experienced Pittsburgh Child Custody Attorneys Today
To learn more about our Pennsylvania custody law firm, and to speak with one of our experienced Pittsburgh child custody lawyers, call us today at 412-281-9906, toll-free at 855-PA-FAMILY (855-723-2645), or send us an e-mail. Our Pittsburgh office is open Monday through Friday from 8:00 a.m. - 5 p.m. and evenings by appointment.
Appointments are also available in Cranberry Township, Robinson Township, Mt. Lebanon (near South Hills Village Mall) and Pleasant Hills (near Century III Mall). Ask the secretary scheduling your appointment for details including appointment locations.
Our PA family law office routinely accepts Pennsylvania child custody cases in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. To learn about the local county procedures in Allegheny, Beaver, Butler, Washington and Westmoreland Counties, click here. We accept cases in other Western PA counties such as Armstrong County, Erie County, Fayette County, Greene County, Lawrence County, Mercer County, Somerset County and Venango County on a case-by-case situation.
