Preliminary Objections

Summary
Preliminary Objections are a way to tell the Court there is a legal or procedural problem with the other party’s filing. Preliminary Objections must be filed quickly, within 20 days of service or at the time of the hearing and always include a Brief in Support. Filing Preliminary Objections pauses (or “stays”) the custody case until the Court reviews and decides them.

What Are Preliminary Objections?
Preliminary Objections (POs) are a way to bring the Court’s attention to a specific legal or procedural issue with the other party’s filing. They do not address the facts of the case. Instead, Preliminary Objections argue that the filing is improper for legal or procedural reasons.

Preliminary Objections are often raised at the beginning of a case, for example to challenge a Complaint for Custody. They ask the Court to dismiss or correct the filing because proper procedure was not followed.

A Preliminary Objection must be filed with a Brief in Support. The Brief explains the basis for the objection and provides the judge with legal authority such as statutes, rules of court, or case law. It may also state the relief requested.

Common Issues Raised in Preliminary Objections

  • Jurisdiction: The Court may not have authority to hear the case. In custody matters, jurisdiction is usually where the child has lived for the past six months. Exceptions may apply if another county or state has an existing order.

  • Standing: A party may not have the legal right to file for custody. For example, a non-parent must meet certain requirements to have standing.

  • Venue: The case may be filed in the wrong county. Venue means the appropriate county for determining custody.

For the full list of available objections, see Pa. Rule of Civil Procedure 1028(a): 231 Pa. Code Rule 1028. Preliminary Objections.

For more on jurisdiction and standing, see: Eligibility (Standing and Jurisdiction) for Filing – Fifth Judicial District of Pennsylvania

When Do I File?
Preliminary Objections must be filed within 20 days of service or at the time of the hearing.

How Do I File?

Step 1: File the Preliminary Objections and Brief

  • File the Original Preliminary Objections and Brief in Support with the Department of Court Records:
    Allegheny County Department of Court Records
    414 Grant Street, 1st Floor
    Pittsburgh, PA 15219

Step 2: Schedule the Argument

  • Take a time-stamped copy of the filing to the Docket Clerk:
    Family Court Processing Department
    Room 400, Family Law Center
    440 Ross Street, Pittsburgh, PA 15219
    (Open Monday–Friday, 8 AM – 4 PM)

  • Provide the Clerk with an Original Praecipe for Argument.

  • The Docket Clerk will:
    • Assign the next available argument date before the Judge.
    • Write the date, time, and location of argument on the Praecipe cover sheet.
    • Keep a copy for the record.

Documents may also be submitted by email to: AdultJudicialScheduling@alleghenycourts.us

Step 3: File the Praecipe for Argument

  • File the Original Praecipe for Argument with the Department of Court Records.

Step 4: Serve the Parties

Serve all parties with:
• A copy of the Praecipe for Argument, and
• A copy of the filed Preliminary Objections and Brief.

Step 5: File Proof of Service

  • File a Certificate of Service with the Department of Court Records confirming service of the Praecipe, Preliminary Objections, and Brief.

Step 6: Provide a Copy to the Custody Department

What Happens Next?
After the Custody Department receives the documents, the case will be stayed. This means all proceedings pause until the Court resolves the Preliminary Objections. Both parties will be notified of the scheduled argument.

Need Help?
Court staff cannot provide legal advice about filing Preliminary Objections. If you need assistance:

  • Consult an attorney, or

  • Visit the Allegheny County Law Library (9th Floor, City-County Building, 414 Grant Street, Pittsburgh, PA 15219).

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