Scheduling a Custody Case

How does my Custody Case get scheduled?

• Scheduling Generations Program:
  • Once you have proven that the other party was properly served, the Court will issue a Order of Court scheduling your case for the appropriate court proceeding. You should receive a scheduling notice by U.S. regular mail and/or email. The Court will provide service of the scheduling order to the other party or parties and any attorney associated with the case who has filed an Entry of Appearance.
  • If you did not provide a mailing address for the other party, your case will not be scheduled until you contact the Court and indicate you are prepared to have the other party personally served with notices. You may contact the Custody Department by email at custodydepartment@alleghenycourts.us
• Scheduling your case following the Generations Program:
  • If you have completed the Generations Program or the program was waived by Court Order from a Judge you must contact the Custody Department at custodydepartment@alleghenycourts.us to request your case be scheduled for the next appropriate court step.
  • Interim Relief Hearing or Interim Relief Hearing and Conciliation with a Hearing Officer
    • In custody cases in which the parties have completed a Generations mediation session without an agreement or in cases where the responding party has failed to attend the Generations mediation session after sufficient notice AND there is not currently an order for custody on the case the parties will be scheduled as follows:
      • If a party has filed for partial custody then the case shall be scheduled for an Interim Relief Hearing with the Custody Hearing Officer.
      • If a party has filed for shared or primary custody then the case shall be scheduled for an Interim Relief Hearing and Conciliation.
    • Parties will be scheduled automatically in these circumstances immediately following mediation.
    • Parties shall be scheduled for the next available date with the Custody Hearing Officer.
    • Both parties shall provide a draft Interim Custody Order at the hearing.
    • In the event that the parties are residing together at the time of the hearing, any order entered shall only become effective the date either party leaves the shared residence.
    • Any interim order entered shall not establish a status quo for the case moving forward as parties litigate to finality the pending custody action.
    • If the parties can reach a consent interim order or a consent final order at the hearing, the Hearing Officer may approve and enter the same.
    • If the parties reach a consent interim order or a consent final order prior to the hearing which has been signed by the Judge of record, they shall provide a courtesy copy to the Hearing Officer in advance and said order shall indicate that the Interim Relief hearing is cancelled.
    • Neither party may file exceptions to the interim order entered by the Hearing Officer.
    • On the Court’s own motion or upon motion of either party, the Judge may issue an order to schedule the matter for an Interim Relief Hearing in any custody case.
  • Custody Conciliation with a Hearing Officer
    • Parties may be scheduled for a conciliation in the Custody Department with a custody Hearing Officer after an unsuccessful mediation or by order of court. Parties are required to present a praecipe or request to schedule a conciliation. This praecipe shall be presented to the Custody Department following the mediation,by emailing custodydepartment@alleghenycourts.us. When this praecipe/request is presented, it must include a copy of the Certificate of Completion of Mediation, at which time a conciliation may be scheduled.
    • Parties may praecipe/request a conciliation within 120 days of their mediation date.  After 120 days, if a praecipe/request has not been filed or emailed to the Custody Department, the custody complaint or petition may be dismissed.
    • All parties to the custody case MUST be present at the scheduled custody conciliation regardless of whether they have an attorney present, unless they have obtained an order of court via motions court excusing them from appearing or allowing their participation by telephone/TEAMS. Conciliation with the Hearing Officer. Parties who are indigent, and meet certain financial qualifications, may be eligible for free legal representation at the conciliation if available, through the Eligibility Self Assessment form for Pittsburgh Pro Bono Partnership Custody Conciliation Project. You must return the form to the Custody Department via mail, or email.
    • Consent orders agreed to by the parties prior to a scheduled conciliation date must be signed by the assigned judge and a copy delivered to the Custody Department. Said consent must include language that the parties have agreed to cancel the scheduled conciliation date. If a consent is reached on the day of the scheduling proceeding before the Custody Hearing Officer, it may be presented at the scheduled conciliation time. The Custody Hearing Officer will review, and if acceptable, will process the consent order.
  • Partial Custody/Contempt Hearing with a Hearing Officer
    • Parties may be scheduled for a partial custody or contempt hearing before the Custody Hearing Officer after an unsuccessful mediation or conciliation or by order of court from a judge for a determination on the custody pleading.
      • Typically when a party files for partial custody or civil contempt/enforcement a hearing such as above will be scheduled after the Generations Program.
    • A judge may also issue an order directing the case be scheduled for a hearing with the Hearing Officer.