Family Law · Child Custody

Allegheny County Child Custody Conference: What Happens Before a Judge Sees Your Case

---

Under Pennsylvania Rule of Civil Procedure 1915.4, most Allegheny County custody cases begin with a conference before a conciliator or hearing officer, not a judge. The conciliator attempts to facilitate agreement between the parents before the dispute reaches the courtroom. The conference is mandatory, not optional, and the conciliator’s recommendation carries significant weight with the assigned judge if no agreement is reached. Parents who understand how this process works and what the conciliator evaluates are better positioned to present their case effectively from the start.

Pennsylvania family law proceedings are governed by Title 23 of the Pennsylvania statutes, which establishes the substantive standards courts apply to custody, support, and property division. Cases are administered through the Pennsylvania Unified Judicial System in the Court of Common Pleas.

Stephen H. Lebovitz is a family law attorney in Pittsburgh who represents parents in child custody matters throughout Allegheny County and Western Pennsylvania.

What Is a Child Custody Conference in Pennsylvania?

A child custody conference is a mandatory pre-hearing meeting conducted under Pennsylvania Rule of Civil Procedure 1915.4. The conference occurs after a custody complaint is filed and served but before a formal hearing before a judge. A conciliator or hearing officer, not a judge, conducts the conference. The conciliator’s role is to review the dispute, speak with both parents, and attempt to facilitate an agreement on custody and parenting time. If the parties reach an agreement, the terms are placed on the record and incorporated into a court order. If no agreement is reached, the conciliator issues a recommendation to the assigned judge addressing temporary custody arrangements and identifying unresolved issues. That recommendation typically carries significant weight. The conference is not a trial, does not typically involve testimony under oath, and functions more like a structured settlement discussion than an adversarial proceeding.

How Custody Cases Start in Allegheny County

A custody case usually begins when one parent files a custody complaint in the Allegheny County Family Division. After the complaint is filed and served, the court schedules the case for an initial custody conference. This conference is the first formal step in the custody process, and it often determines the direction of the entire case.

The conference is not optional. Both parents are required to appear. Attorneys may appear with their clients, and having counsel present at this stage is common. The court expects both parties to be prepared to discuss realistic custody schedules, school logistics, transportation arrangements, communication between the parents, and any safety concerns affecting the child.

The Role of the Custody Conciliator

The custody conference is conducted by a conciliator or hearing officer rather than a judge. The conciliator’s role is not to decide the case in the same way a judge would at a trial. Instead, the conciliator reviews the dispute, speaks with the parties, and helps the parents explore possible custody arrangements. The conciliator may meet with the parties together or separately. In many cases, the conference functions somewhat like mediation, with the goal of finding common ground and reaching a parenting arrangement that both parties can accept. The conciliator does not take testimony under oath or make a final ruling. If an agreement is reached, the terms are placed on the record and incorporated into a court order binding on both parties. If no agreement is reached, the conciliator typically issues a recommendation that goes to the assigned judge, who may adopt it, modify it, or schedule further proceedings. The recommendation often carries significant weight because the conciliator has spoken directly with the parties and evaluated their positions.

Possible Outcomes of the Conference

Several different outcomes are possible at a custody conference. In many cases, the parties reach a partial or complete agreement regarding custody and parenting time. If that happens, the agreement is submitted to the court and entered as a consent order binding on both parties. Consent orders are enforceable and can be modified only through a petition to modify custody based on changed circumstances.

If the parties cannot reach an agreement, the conciliator issues a recommendation to the court addressing temporary custody arrangements and identifying the unresolved issues. That recommendation typically carries significant weight with the assigned judge. The case may then proceed to a formal hearing before the court. At that stage, the court evaluates the case using the sixteen statutory custody factors set out in 23 Pa.C.S. § 5328, which include the parental duties each parent has performed, the child’s need for stability, the availability of extended family, the parental duties each parent is likely to perform in the future, the proximity of the parents’ residences, each parent’s availability to care for the child, the level of conflict between the parents, the history of abuse, and the child’s preference if the child is mature enough to express a reasoned preference.

What Happens If a Party Does Not Appear

Attendance at a scheduled custody conference is not optional. If one parent fails to appear without a valid reason, the court may proceed in that parent’s absence and enter a temporary custody order based on the information provided by the parent who did appear. A pattern of failing to participate in the court process can reflect negatively on a parent’s position throughout the litigation. Courts evaluate parental cooperation and willingness to follow court procedures, and a failure to appear at a mandatory conference signals a lack of engagement or respect for the process.

Preparing for a Custody Conference

Although the conference is less formal than a courtroom hearing, preparation still matters. Parents should arrive ready to discuss realistic custody schedules, school logistics, transportation arrangements, and any concerns affecting the child’s well-being. Demonstrating a willingness to cooperate and focus on the child’s needs can make a meaningful difference in how the case progresses. The conciliator is evaluating not just the proposed schedule but how each parent approaches the process. A parent who arrives prepared, reasonable, and focused on the child tends to fare better than one who comes in with an adversarial posture before any formal proceeding has begun. Parents should bring any relevant documents, including proposed parenting schedules, school calendars, work schedules, and records related to the child’s activities or medical care. If there are safety concerns, documentation supporting those concerns should be organized and available.

When the Case Goes to a Judge

If the custody dispute cannot be resolved through the conference process, the case proceeds to a formal hearing before a judge. At that stage, the court evaluates the case using the sixteen statutory custody factors set out in 23 Pa.C.S. § 5328. The conference stage often shapes the issues that will ultimately be presented to the court, which is why early preparation matters. A parent who has been cooperative, prepared, and focused on the child’s best interests at the conference stage is better positioned when the case reaches a judge.

Pennsylvania law provides no presumption in favor of either parent. The court’s analysis is governed entirely by the sixteen statutory factors, and each case is decided based on the specific facts presented. A strong position at the conference stage can influence the temporary custody recommendation, and temporary arrangements often become the foundation for the final custody order.

---

This article is for informational purposes only and does not constitute legal advice. Custody outcomes depend on the specific facts of each case and the application of Pennsylvania law to those facts. Consult an attorney for advice on your particular situation.