Background Check Custody Case Pennsylvania

Every custody case in Pennsylvania requires background disclosures — and since Kayden's Law took effect in August 2024, the requirements cover more people and carry more consequences than before. Here is what you need to file and what the court checks.

Form 3: Criminal Record and Abuse History Verification

This is the mandatory self-disclosure form required by Pa.R.C.P. 1915.3-2. Each party in a custody case completes it; the disclosure covers that party and adult members of that party's household.

Form 3 asks you to list, under oath:

• Any criminal charges or convictions (felonies and misdemeanors, in Pennsylvania or any other state)
• Any child abuse findings by county Children and Youth Services or equivalent agencies
• Any active or expired Protection From Abuse (PFA) orders — whether you were the petitioner or the respondent
• The same information for every adult member of your household

This is a sworn statement. A knowingly false statement can be punishable as unsworn falsification under 18 Pa.C.S. § 4904. The court also evaluates the required criminal and abuse-history disclosures in the custody proceeding.

The CY1002 Form (Rule 1915.3-3)

Effective July 1, 2025, Pa.R.C.P. 1915.3-3 added another layer. This rule requires courts to evaluate whether any party or household member has documented child abuse history or protective services involvement through county Children, Youth, and Families (CCYA) agencies.

The CY1002 is an administrative form that flows between the court and the county CCYA. It is not something you fill out yourself — the court initiates the check. But you should know it exists, because:

• The results feed directly into the judge's safety analysis under § 5328
• A founded CYS report against you or a household member triggers heightened scrutiny under Kayden's Law
• You have the right to challenge the accuracy of any CYS records attributed to you

Self-Reported Disclosures vs. Official Clearances

There is an important distinction Pennsylvania courts make:

Self-reported verification (Form 3) — Required in every private custody case. You disclose your own history under oath.

Official administrative clearances — Pennsylvania State Police PATCH (criminal history), DHS ChildLine Abuse History, and FBI fingerprint checks. These are routinely required in foster care, dependency, and adoption proceedings. In private custody cases, a judge may order official clearances under Kayden's Law when safety allegations are raised, but they are not automatically required.

Official PATCH and ChildLine clearances are not automatically required in private custody cases. A judge may order them when safety allegations arise. Check the court's instructions before paying for a separate clearance.

What Happens When a Record Shows Up

A criminal record or CYS finding does not automatically disqualify you from getting custody. The court weighs it as one factor in the best-interest analysis. Context matters enormously:

• An old misdemeanor from 20 years ago carries much less weight than a recent conviction
• A drug possession charge from the past, combined with evidence of sustained recovery and stable caregiving, may not be disqualifying
• A founded abuse report may be relevant to the court's safety-factor analysis
• DUI convictions, domestic violence charges, and drug offenses receive closer scrutiny because of their direct safety implications

The judge's job is to determine whether the child will be safe and well-cared-for. Present your record honestly and pair it with evidence of your current stability.

Household Members

Kayden's Law expanded the disclosure requirement to all adults in the household. If your adult child, a partner, or a boarder lives with you, their criminal and abuse history is part of your custody case. A household member's documented history may be considered in the court's safety analysis, but it is not an automatic disqualification.

Before filing, make sure you can accurately disclose the required information about adults in your household. Ask a lawyer about how a particular record may affect your case.

Preparing Your Disclosure

When completing Form 3:

• Gather the information needed to complete the required disclosures accurately
• Ask each adult household member for accurate information about their history
• Follow the form's instructions about dismissed or expunged records; ask a lawyer if you are unsure whether an item must be disclosed
• If you have a record, prepare a brief explanation for the judge — what happened, when, and what has changed since then

Our Pennsylvania Guardianship and Custody Court Process Guide includes the full background-check sequence and what to expect at each stage — from filing your Form 3 through what happens if the court orders official clearances during the case.

See more Pennsylvania guides →