Pennsylvania Custody Filing Fees and How to Get a Fee Waiver

The filing fee is often the first surprise for a grandparent or relative trying to formalize custody in Pennsylvania. Depending on which county you live in, the Prothonotary may charge anywhere from about $135 to over $410 just to docket your complaint — and that is before you factor in certified mail costs, copies, and any court-ordered evaluations down the line.

What the Filing Fee Covers

When you file a Custody Complaint (Form 1 for parents, Form 2 for grandparents and third parties) at the Court of Common Pleas, the Prothonotary charges a filing fee set by the county's own fee schedule. This fee covers:

• Docketing the case and assigning a case number
• Processing the mandatory attachments (Criminal Record and Abuse History Verification, Confidential Information Form)
• Administrative costs of the court division handling your matter

Each county sets its own amount. Philadelphia, Allegheny, and other urban counties tend to charge more than rural judicial districts. There is no statewide flat rate, so you should call your county's Prothonotary or check their website before filing.

Additional costs you may encounter beyond the initial filing fee include certified mail for service of process (around $8–$15 per party), Sheriff's service fees if you use the county Sheriff, and motion filing fees if you later need to petition for modification or emergency relief.

In Forma Pauperis: The Fee Waiver Process

Pennsylvania Rule of Civil Procedure 240 establishes the In Forma Pauperis (IFP) process. If you lack the financial resources to pay the filing fee, you submit a Petition to Proceed In Forma Pauperis alongside your custody complaint at the same time.

What you need to include in the IFP petition:

• A sworn affidavit under penalty of unsworn falsification (18 Pa.C.S. § 4904) listing all household income, monthly expenses, assets, debts, and the number of dependents
• Documentation of any public assistance you currently receive (TANF, SNAP, SSI, Medical Assistance)
• An honest accounting of your monthly living costs — housing, utilities, food, medical expenses, transportation

If you have a legal aid attorney, the process is faster. When a lawyer from an eligible legal aid provider represents you, IFP status is granted automatically upon the attorney's filing of a Rule 240 praecipe certifying your indigency. No judicial review of your finances is needed.

If you are filing pro se, the court evaluates your disclosed income against your expenses. If the judge approves your petition, the case is docketed without fee payment. If denied, you typically receive a short window to pay the full fee before the case is dismissed.

What an IFP Order Does and Does Not Cover

An approved IFP order waives:

• The initial court filing fee
• Motion charges within the case
• Sheriff's service costs for serving your papers

It does not automatically waive:

• Private mediation fees if the court orders mediation
• Court-ordered custody evaluator fees (psychological or home evaluations)
• Transcript costs if you need copies of hearing testimony
• Third-party charges like process server fees if you do not use the Sheriff

If additional fees come up during your case, you can petition the court specifically to waive or reduce those as well, but each request is evaluated separately.

Filing the IFP Petition: Practical Steps

1. Get the IFP petition form from your county's Prothonotary or from PALawHELP.org — Philadelphia's form is different from rural county forms, but the legal standard is the same
2. Fill it out completely and honestly — courts treat incomplete disclosures as grounds for denial
3. Attach it to your Custody Complaint packet when you submit everything at the intake window
4. The clerk will process the complaint and IFP petition together; if the IFP is granted, your filing moves forward without fee payment

Do not wait to file your IFP petition separately after your complaint. Submitting them together ensures your case is not rejected at intake for nonpayment.

When the Fee Is the Only Barrier

If you receive Social Security, SSI, SSDI, or other public benefits, include those amounts in your financial disclosure. For a self-represented filer, the court evaluates the disclosed income-to-expense circumstances; approval is not automatic.

Our Pennsylvania Guardianship and Custody Court Process Guide includes a worked IFP qualification example and step-by-step instructions for every form you need to file.

Frequently Asked Questions

Can I file for custody in Pennsylvania with no money?

Yes. The In Forma Pauperis process under Pa.R.C.P. 240 lets you ask the court to waive fees if you lack the financial resources to pay. For self-represented filers, the court reviews the financial disclosure; an income level alone does not guarantee approval.

Does a fee waiver cover the cost of a lawyer?

No. IFP waives court filing and service fees, not attorney fees. If you need a lawyer and cannot afford one, contact your local legal aid organization — Neighborhood Legal Services, Philadelphia Legal Assistance, or MidPenn Legal Services serve different regions of the state.

What if my IFP petition is denied?

The court will set a short deadline to pay the required fee before the action may be dismissed. If your circumstances change, ask the court about refiling with an updated IFP petition.

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