Instructions for Filing Custody Exceptions
- 20 DAYS TO FILE EXCEPTIONS: You have 20 days from the date of mailing/emailing/or receipt of an order of court given to you in person of the Hearing Officer’s Report, Recommendation Proposed order of court to file Exceptions.
- FORM OF EXCEPTIONS: Exceptions shall be substantially in the form as provided for under Pennsylvania Rules of Civil Procedure 1915.4-2.
- FAILURE TO FILE EXCEPTIONS: Pursuant to Pennsylvania Rules of Civil Procedure 1915.4-2, failure to file Exceptions shall result in the Proposed Order becoming a Final Order.
- ORDERING THE TRANSCRIPT and PAYING THE TRANSCRIPT FEE: Prior to filing the Exceptions, you must Order the transcript of the hearing by contacting the Office of the Court Reporter:
- a. The court reporter assigned to transcribe the hearing will estimate the cost to transcribe the hearing. You must let the court reporter know at this time whether you wish to order the transcript. The hearing will not be transcribed until payment is made. If payment is not made, the exceptions may be dismissed.
- b. Checks or Money Orders are to be made payable to “Allegheny County”.
- SEEKING A WAIVER OF THE TRANSCRIPT FEE: If you feel that you are unable to afford the Transcript Fee referenced above, you must file a “Certification of Intent to Seek Transcript Fee Waiver” and include when your Exceptions are filed. You must then file a Motion for Transcript Fee Waiver with proof of your income attached.
- FILING EXCEPTIONS: The original Custody Exceptions shall be filed with the Department of Court Records, 1st Floor City County Building, 414 Grant Street, Pittsburgh, PA 15219. A copy may either be mailed to: Child Custody Department, FAMILY LAW CENTER, 440 ROSS STREET, Suite 130, PITTSBURGH, PA 15219 OR it can be emailed to: custodydepartment@alleghenycourts.us.
- BRIEFS: The Exceptant’s Brief is due no later than thirty (30) days from the date of the filing of exceptions. A Brief in Response is due within seven (7) days from the date of the filing of the Exceptant’s Brief.
- ARGUMENT: The case will be scheduled in accordance with the assigned Judge’s Standard Operating Procedures. The Judge may dismiss exceptions if a transcript was not ordered and was needed for determination of the exceptions, or if a brief was not filed.