What to Expect at Custody Hearing Pennsylvania

The court date is set and you have no idea what is going to happen when you walk in. Pennsylvania custody cases follow a multi-stage process — and the first event is almost never a trial.

Stage 1: The Conciliation Conference

After you file a custody complaint and serve the other party, most counties schedule a conciliation conference as the first step. This is not a trial. It is an informal meeting run by a custody conference officer (sometimes called a custody master or conciliation officer).

What happens: The officer meets with both parties — sometimes together, sometimes separately — and tries to help you reach an agreement on a custody schedule. The officer reviews the complaint, asks questions about the child's living situation, and explores whether a voluntary arrangement is possible.

How to prepare:

• Bring your photo ID and a copy of every filed document (complaint, Form 3, service proof)
• Prepare a written proposal for the custody schedule you want — days, times, holidays, summer
• Bring evidence of your caregiving: school pickup records, medical appointment receipts, photographs of the child's room in your home
• Arrive early. Being late to a court event signals disrespect to the officer

What to expect: The conference usually lasts 30 minutes to two hours. The officer may recommend a temporary custody order based on what they hear. If both parties agree, the officer drafts a consent order for the judge to sign — and the case is resolved without a trial.

If you cannot agree, the case moves forward.

Stage 2: Parenting Education

Many counties require parties in custody disputes to attend a co-parenting education class. Program details vary by county; complete any required program and file the certificate of completion when the court requires it.

For grandparents, this requirement can feel irrelevant — the class is designed for divorcing parents. Attend anyway and get the certificate. Failure to complete it can delay your hearing.

Stage 3: Mediation

Some counties offer or require custody mediation before trial. A neutral mediator helps both parties explore a settlement. Whether mediation is appropriate and how it is handled depend on the county and the case; tell the court about domestic violence concerns or active PFA orders and ask how the county handles safe participation.

Stage 4: Pre-Trial Conference

If the case is heading to trial, the judge or a designated officer holds a pre-trial conference. Both sides exchange:

• A list of witnesses they intend to call
• A list of exhibits they intend to present
• A brief statement of the legal issues in dispute

This is your last chance to settle before trial. Many cases resolve at this stage because both parties now see the other side's evidence.

Stage 5: Trial

A custody trial in Pennsylvania is a formal evidentiary hearing before a Court of Common Pleas judge. There is no jury.

How it works:

• Both sides present sworn testimony — your own testimony, witnesses, and expert witnesses if any
• Both sides may cross-examine the other party's witnesses
• Exhibits (documents, photographs, records) are formally admitted into evidence
• The judge may ask questions directly

The § 5328 factors: The judge must evaluate the child's best interests under 23 Pa.C.S. § 5328's factor list, as reorganized by Act 11 of 2025. Under Kayden's Law, safety-related factors receive "substantial weighted consideration." The judge's written opinion must address the factors and explain the reasoning.

Children in court: Under Pa.R.C.P. 1915.11, minor children generally do not attend hearings unless the judge orders it or the custody conference officer requests it. If a judge wants the child's preference (one of the § 5328 factors), the child may be interviewed in chambers, with counsel for the parties present and able to cross-examine on the record.

What to Bring to Any Court Event

• Government-issued photo ID
• Filed-marked copies of your complaint and all attachments
• Your Criminal Record and Abuse History Verification (Form 3)
• Originals or certified copies of any police reports, PFA orders, or medical records
• Your proposed custody schedule in writing
• A timeline of the child's living arrangements and your caregiving history
• Names and contact information for your witnesses
• A notebook and pen — you will want to take notes

What Not to Do

• Do not interrupt the other party or the officer/judge
• Do not bring the child unless specifically told to
• Do not make accusations you cannot back up with evidence
• Do not refuse to negotiate at conciliation — judges look unfavorably at parties who will not even try to cooperate
• Do not post about the case on social media. Opposing counsel checks

After the Order

The judge issues a written custody order that specifies the exact custody arrangement — who has physical custody, who has legal custody, the schedule, any conditions. This order is binding until the child turns 18 or a party files a modification petition and the court changes it.

Get certified copies of the order immediately. You will need them for the child's school, doctor, health insurance, and any public benefits applications.

Our Pennsylvania Guardianship and Custody Court Process Guide covers the full hearing sequence — from conciliation preparation through trial evidence organization — with checklists for each stage.

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