Service means providing the Respondent(s) with copies of the custody action and all required supporting documents. The Petitioner (filing party) is responsible for ensuring proper service. The Court will not serve the other party on your behalf.
What must be served
You must serve the Respondent(s) with the following:
-
A copy of your custody complaint or petition
-
A copy of the Order of Court for Service (requesting proof of service)
-
Your completed Criminal Record/Abuse History Verification (Form 5329.1)
-
A blank Criminal Record/Abuse History Verification (Form 5329.1)
-
A blank Domestic Violence Waiver (if applicable)
-
A completed Custody Department Contact Information Form (formerly known as the Remote Information Form)
When service must be completed
Under Pa.R.C.P. 1930.4, service must be completed:
-
Within 30 days if the Respondent lives in Pennsylvania
-
Within 90 days if the Respondent lives outside Pennsylvania
If you cannot meet this deadline, you must file a request for extension with the Court in accordance with Pa.R.C.P. 1930.4(b).
Proof of service
Once service is complete, you must:
-
File a Certificate of Service with the Allegheny County Department of Court Records (DCR).
-
Send a copy of the filed Certificate of Service to the Custody Department:
-
Mail: Family Law Center – Custody Department, 440 Ross Street, Suite 121, Pittsburgh, PA 15219
If service is by certified mail, you must attach the signed green card (or proof of delivery) to your Certificate of Service.
Failure to serve
If you fail to:
-
Complete service within the required time (30 or 90 days)
-
Submit a complete Certificate of Service to both DCR and the Custody Department
-
Serve all required supporting documents, or
-
Correct insufficient or incomplete service
…the custody action may be dismissed without further notice.
If your case is dismissed, you must refile to continue.
Special situations
-
If you cannot find the Respondent, you must make a reasonable effort to locate them and, if unsuccessful, file a petition requesting alternate service.
-
If you do not wish to proceed before service is made, you may file a Praecipe for Discontinuance.
-
If your case is dismissed and you wish to continue, you must follow the required reinstatement procedures.
Frequently Asked Questions Regarding Service
Who is responsible for serving the other party?
You (the Petitioner/filer) are responsible for making sure the other party is properly served. The Court will not serve the other party for you.
When must the other party be served?
Under Pa.R.C.P. 1930.4, service must be completed:
-
Within 30 days of the Service Order if the Respondent lives in Pennsylvania.
-
Within 90 days of the Service Order if the Respondent lives outside Pennsylvania.
If service is not completed within these timeframes, your custody action may be dismissed.
What documents must I serve?
You must serve:
-
Your custody complaint or petition.
-
A copy of the Order of Court for Service.
-
Your completed Criminal Record/Abuse History Verification (Form 5329.1).
-
A blank Criminal Record/Abuse History Verification (Form 5329.1).
-
A blank Domestic Violence Waiver (if applicable).
-
A completed Custody Department Contact Information Form (formerly Remote Information Form).
Can I serve the other party myself?
No. You cannot personally hand the documents to the other party. Service must be made by:
-
Someone over 18 who is not a party to the case (friend, process server, sheriff, constable, etc.).
-
Mail (see details below).
-
The other party’s attorney (if applicable).
What are valid methods of service by mail?
-
Certified Mail: Must be signed by the Respondent or an adult in their household.
-
Certified + Regular Mail: If certified mail is refused or returned unclaimed, regular mail may still be valid if it is not returned within 15 days.
-
Commercial Carrier (FedEx, UPS, etc.): Acceptable if used with regular mail.
What is “service by original process”?
Service by original process is required when:
-
You are filing a custody action for the first time.
-
Original process has never been completed in your case.
Acceptable methods include:
-
Certified mail with return receipt.
-
Personal service.
-
Service through the Respondent’s attorney of record.
-
Certified/commercial carrier plus regular mail.
Regular mail alone is not valid for original process.
Do I have to serve by original process every time?
No. If there is already a valid custody order and original process was previously completed, you may use:
-
Personal service.
-
Certified mail.
-
Service on the attorney of record.
-
Regular mail (as long as it is not returned).
How do I prove the other party was served?
-
File a Certificate of Service with the Department of Court Records (DCR).
-
Send a copy of the filed Certificate of Service to the Custody Department:
-
Mail: Family Law Center – Custody Department, 440 Ross Street, Suite 121, Pittsburgh, PA 15219.
If service was by certified mail, attach the signed green card or proof of delivery to your Certificate of Service.
What if I can’t find the other party?
You must make a reasonable effort to locate them. If unsuccessful, file a petition asking the Court to allow alternate service (such as email, publication, etc.).
What if my service is refused or unclaimed?
-
Refused: If you also sent it by regular mail and it was not returned within 15 days, service is valid.
-
Unclaimed: Service is not valid. You must use another method.
What happens if I don’t complete service?
If you fail to complete service within 30 or 90 days (depending on the Respondent’s location), submit incomplete service, or fail to send a copy of your Certificate of Service to the Custody Department, your case may be dismissed without further notice.
If dismissed, you must refile to continue your custody action.