Child Custody · Hearings
Custody Hearings in Pennsylvania: What to Expect and How to Prepare
Lebovitz & Lebovitz, P.A. prepares clients for child custody hearings in Allegheny County and throughout southwestern Pennsylvania. A custody hearing is a structured, evidence-driven proceeding where a judge evaluates both parents and determines the arrangement that serves the child’s best interest. How you prepare, what evidence you present, and how you conduct yourself in court directly affect the outcome.
Most custody cases in Pennsylvania go through a conciliation conference before reaching a hearing. If the parents cannot reach agreement at conciliation, either parent can request a hearing before a judge. The hearing is the point at which the court makes a binding custody determination, and the rules of evidence apply. Understanding the process, the standard the court uses, and the mistakes that undermine a parent’s position is essential preparation.
Lebovitz & Lebovitz, P.A. · Serving Pittsburgh and Western Pennsylvania since 1933. Based in Swissvale near the Parkway East (Swissvale–Edgewood exit).
What Happens at a Custody Hearing
A custody hearing in Pennsylvania is a formal court proceeding governed by the rules of evidence. Each parent presents testimony, calls witnesses, and may introduce documents, photographs, school records, medical records, and other evidence relevant to the child’s best interest. The judge may also hear from a guardian ad litem or custody evaluator if one has been appointed.
The hearing typically begins with opening statements, followed by the presentation of evidence by the party who filed the custody complaint or petition for modification. The other parent then presents their case. Both sides have the opportunity to cross-examine witnesses. The judge controls the proceeding and may limit or redirect testimony that is repetitive, irrelevant, or argumentative.
After both sides rest, the judge may announce a decision from the bench or take the matter under advisement and issue a written order within days or weeks. In Allegheny County, contested custody matters are heard by judges in the Family Division of the Court of Common Pleas.
How the Court Evaluates Custody
Pennsylvania courts apply the 16 best-interest factors listed in 23 Pa.C.S. § 5328(a). These factors include each parent’s willingness to encourage a relationship with the other parent, the stability of each home, the child’s community ties, sibling relationships, and which parent is more likely to attend to the child’s daily needs. No single factor is dispositive. The judge considers the totality of the evidence.
Credibility is central. A parent who exaggerates, withholds information, or presents contradictory testimony loses credibility, and credibility determinations by a trial judge are rarely overturned on appeal. The court is looking for the parent who demonstrates consistent, hands-on involvement in the child’s daily life, not the parent who makes the most dramatic claims.
The Difference Between Conciliation and a Hearing
In Allegheny County and most Pennsylvania counties, custody cases begin with a conciliation conference. The conciliation is an informal meeting with a conference officer who attempts to help the parents reach a custody agreement. No testimony is taken under oath, no evidence is formally introduced, and the conference officer does not make a binding decision.
If the parents agree at conciliation, the agreement is entered as a consent order. If they do not agree, the conference officer issues a recommended order, and either parent may request a hearing before a judge. The hearing is the formal proceeding where the court takes evidence, applies the best-interest factors, and issues a binding custody order.
A parent who treats the conciliation as the final step and arrives at the hearing unprepared may be at a significant disadvantage. The hearing is a different proceeding with different rules, and the level of preparation it requires is substantially higher.
How to Prepare for a Custody Hearing
Preparation begins well before the hearing date. Document your involvement in the child’s daily life: school attendance records, medical appointment records, communication logs with the other parent, and evidence of your participation in extracurricular activities. Courts evaluate demonstrated behavior over time, not last-minute efforts to appear involved.
Organize your evidence clearly. If you plan to introduce text messages, emails, or photographs, have printed copies ready for the court and opposing counsel. Identify the witnesses you intend to call and confirm their availability for the hearing date. Teachers, pediatricians, therapists, and family members who can speak to your parenting involvement are common witnesses.
Review the 16 best-interest factors and consider how the evidence you have addresses each one. Your attorney can help you identify which factors favor your position and which require explanation or context.
What Evidence Courts Consider
Courts consider any evidence that is relevant to the child’s best interest and admissible under the rules of evidence. School records showing attendance, grades, and involvement by each parent. Medical records documenting who schedules and attends appointments. Communication records between the parents showing cooperation or conflict. Testimony from teachers, counselors, coaches, or other adults who interact with the child regularly.
The court also considers each parent’s living situation, work schedule, proximity to the child’s school, and ability to provide a stable home. A custody schedule that works on paper but is impractical given a parent’s work obligations or commute will not persuade the court. Evidence of domestic violence, substance abuse, criminal history, or conduct that endangers the child carries significant weight and may be decisive.
Common Mistakes at Custody Hearings
The most damaging mistake is speaking negatively about the other parent in court. Judges evaluate each parent’s willingness to foster a relationship between the child and the other parent, and hostility toward the other parent signals to the court that you may obstruct the child’s relationship. Courts treat this as a factor that weighs against the hostile parent.
Arriving with disorganized evidence, failing to address relevant factors, or relying entirely on emotional testimony rather than documented facts undermines a case. Courts are also skeptical of parents who file emergency motions without genuine urgency or who attempt to use the custody process to punish the other parent.
Being late, dressing inappropriately, or interrupting the judge or opposing counsel reflects poorly on your judgment and composure. The court observes how each parent conducts themselves in the courtroom, and that observation informs the court’s assessment of how each parent will conduct themselves as a co-parent.
What Happens After the Hearing
The judge may announce a decision immediately or issue a written order within several weeks. The order specifies legal custody, which determines decision-making authority, and physical custody, which establishes the schedule of time each parent spends with the child. Both parents are bound by the order as soon as it is entered.
If a parent believes the order is not supported by the evidence, they may file an appeal within 30 days. Appeals of custody orders are reviewed under an abuse of discretion standard, which means the appellate court will not substitute its judgment for the trial court’s unless the decision was manifestly unreasonable.
If circumstances change significantly after the order is entered, either parent may file a petition for modification. Violating a custody order can result in contempt proceedings, sanctions, or a modification of custody in favor of the compliant parent.
Frequently Asked Questions About Custody Hearings in Pennsylvania (FAQ)
What should I bring to a custody hearing?
Bring organized copies of all evidence you plan to present: school records, medical records, communication logs, photographs, and documents that demonstrate your involvement in the child’s daily life. Have copies for the court, opposing counsel, and yourself. Confirm that any witnesses you plan to call are available and prepared to testify.
How long does a custody hearing take?
Most custody hearings in Pennsylvania last between two and six hours, depending on the number of witnesses and complexity of the issues. Some contested cases require multiple hearing days scheduled weeks apart. Your attorney can estimate the likely duration based on the specific issues in your case.
Can my child testify at a custody hearing?
A child may testify, but judges typically interview children privately in chambers rather than having them testify in open court. The court considers the child’s maturity and the potential emotional impact of testifying. The weight given to a child’s preference increases with age, but the court is never bound by the child’s stated preference.
Do I need a lawyer for a custody hearing?
You are not required to have an attorney, but custody hearings are formal proceedings governed by the rules of evidence. A parent without legal representation must still follow courtroom procedures, present admissible evidence, and cross-examine witnesses. An experienced custody attorney understands which evidence is persuasive and how to address the best-interest factors effectively.
What if the other parent does not follow the custody order?
If a parent violates a custody order, the other parent can file a petition for contempt or enforcement with the court. The court can impose sanctions, modify the custody arrangement, or hold the violating parent in contempt. Documenting each violation with dates, details, and any supporting evidence is important for any enforcement action.
Can a custody order be changed after the hearing?
Yes. Either parent can petition the court to modify a custody order if there has been a material change in circumstances since the order was entered. Common grounds include relocation, a significant change in the child’s needs, or a substantial change in either parent’s situation. The court applies the same best-interest standard when evaluating modification requests.
This page explains what happens at a custody hearing in Pennsylvania and how to prepare. For the factors courts evaluate, see best-interest factors in Pennsylvania. For custody schedules, see custody schedules. For the full custody process, see child custody in Pennsylvania.