Pennsylvania Custodian Agreement
Description
How to fill out Custodian Agreement?
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FAQ
A notarized child custody agreement is not enforceable by a court. A signed and notarized child custody agreement is enforceable as a contract between the parents, but the court will not enforce the agreement until it is incorporated into a court order.
If you won't have an attorney, complete a Self-Represented Party Entry of Appearance. If you cannot afford filing fees, complete a Petition to Proceed In Forma Pauperis to ask the court to waive them. Apply for address confidentiality if it's unsafe for the defendant to know where you live.
The papers must be served by a "disinterested person." This means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old.
Parties may obtain a custody order either by agreement or by filing a Complaint for Custody. If all parties involved can reach an agreement regarding custody, you may compile all the terms of the agreement into a written document and ask the Court to make the agreement into an Order of Court.
To open a child custody case, you must file your Complaint or Petition with the Clerk of the Court hearing your case. You must also pay a filing fee which can range between $57 to $300 depending on the court in which you are filing your lawsuit.
If you do not have a custody Order of Court, the default in Pennsylvania is shared legal custody. Physical custody is the right to have the child in your care. Pennsylvania recognizes five types of physical custody. Primary physical custody gives one party the right to care for the child the majority of the time.
In awarding child custody, Pennsylvania courts determine what is in "the best interest of the child" to make their decision. If parents cannot present a suitable parenting agreement for the court to adopt, it will issue its own controlling order to settle the matter.
When the first custody action is filed in a case, the other party must be served by original process. Original process requires the responding party to be served either by certified mail (with the signed green card attached), personal service, service to attorney of record, or both certified and regular mail.
