PA Custody Filing Fees

Filing fees for a custody case in Pennsylvania are set by each county's Prothonotary — and they vary more than you would expect. Knowing the cost upfront, and whether you qualify for a waiver, keeps your case from stalling at the intake window.

What Filing Costs

Across Pennsylvania's 67 counties, initial custody complaint filing fees range from approximately $135 to over $410. The fee covers docketing the case and assigning it to a judge. It does not cover service costs, copy fees, or any later motions.

Additional costs may include:

• Sheriff service: County charges vary; check the sheriff's current fee schedule
• Certified mail (restricted delivery): Postage and service charges vary with the options selected
• Copy fees: Check the county's current schedule for copies and certified records
• Modification petitions (later): Check the county's schedule for any applicable filing fee

These fees apply whether you are a parent, grandparent, or other relative. The court does not charge different rates based on your relationship to the child.

The In Forma Pauperis (IFP) Fee Waiver

If you cannot afford the filing fee, Pennsylvania Rule of Civil Procedure 240 lets you petition the court to waive it. This is called proceeding In Forma Pauperis — literally, "in the manner of a poor person."

How to File an IFP Petition

1. Get the form. Most counties have their own IFP petition form. Philadelphia's is available on the courts.phila.gov website. Other counties post theirs on the county custody filing office's website or provide paper copies at the filing window. The statewide IFP form from pacourts.us is also accepted.

2. Complete the financial affidavit. The petition requires a detailed sworn statement listing:

• All sources of household income (wages, Social Security, SSI, SSDI, pensions, TANF, child support received)
• Monthly living expenses (rent/mortgage, utilities, food, medical, transportation, insurance)
• Assets (bank accounts, vehicles, property)
• Debts and liabilities
• Number of dependents

Be thorough and honest. The judge reviews your income against your expenses to determine whether you genuinely cannot pay.

3. File the IFP petition with your custody complaint. Submit the petition alongside your initial pleading. The court evaluates the financial disclosure and decides whether to waive the fees.

What Happens Next

If approved: Your case proceeds without paying the filing fee. The waiver also covers local service costs when the sheriff delivers your papers. It does not automatically cover private mediation fees, court-ordered evaluator costs, or transcript fees — though you can request those waivers separately if they come up later.

If denied: The court gives you a brief statutory window to pay the filing charges before the action is dismissed. Follow the deadline stated in the court's notice.

Automatic IFP for Legal Aid Clients

If an attorney from an eligible legal aid provider (such as Summit Legal Aid, Neighborhood Legal Services, or Philadelphia Legal Assistance) represents you, they can file a Rule 240 praecipe certifying your indigency. This grants IFP status automatically — no judicial review needed. The attorney does the paperwork.

Who Qualifies

The court evaluates the financial disclosure, including the relationship between income and expenses. Receiving public assistance or Social Security is information to include in the affidavit, but it does not by itself guarantee approval.

The court looks at the overall financial disclosure, including income and essential expenses. For example, include monthly Social Security income and rent, utilities, and caregiving expenses in the affidavit; those figures alone do not determine approval.

Tips for a Stronger IFP Petition

• Include every expense, even small ones — they add up
• List the child you are seeking custody of as a dependent
• Attach proof if you have it: a Social Security award letter, a SNAP benefit notice, a lease showing your rent amount
• If you are receiving TANF or Medicaid, state that explicitly — it strongly supports your claim
• Do not exaggerate; provide accurate and complete information

Beyond the Filing Fee

Even with a fee waiver, a custody case has costs that IFP does not cover: transportation to the courthouse, time off work for hearings, copies of medical or school records you need as evidence. Plan ahead. Many county legal aid organizations and grandparent support programs (including PA KinConnector at 1-866-546-2111) can connect you with practical resources beyond the courtroom.

Our Pennsylvania Guardianship and Custody Court Process Guide includes the full IFP process — petition preparation, what the court evaluates, and how to handle a denial — as part of the complete filing sequence.

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