Jurisdiction
Carefully consider the following if Allegheny County is the appropriate place to file for custody:
-
- The party exercising primary custody lives in Allegheny County.
- The child(ren) have resided in Allegheny County for the last six months or more.
- There is NOT a Foreign Custody Order OR jurisdiction has been transferred to Allegheny County by a court order from another county.
Jurisdiction/venue generally rests in the county where the child(ren) have been residing for the past six months. If the Court determines Allegheny County is not the appropriate forum to address your custody case, your complaint in custody will be dismissed and your fees will not be refunded.
Standing
Standing is the determination of whether a specific person is the proper party to bring a matter to the court. (Ask: Do I have standing to bring this custody action?)
In Pennsylvania, standing requirements limit who may seek custody of a child to the following individuals:
1. A parent of the child
2. A person who stands in loco parentis to the child (A third party who acts as a parent)
3. A grandparent or great-grandparent of the child under certain conditions
4. Other individuals under certain condition
A standing determination must be made before proceeding to a custody action. This means you need to have standing in order to file for custody. The concept of standing ensures that a party has a substantial, direct, and immediate interest in the subject matter of the litigation. Here, that means that a party seeking custody has a substantial interest in attaining that custody and caring for the child involved. A strict application of standing principles serves to protect the interest in keeping a family unit free from intrusion by those that are merely strangers, however well-meaning. Carefully consider the following to determine if you may or may not have standing:
