ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
Rule 1915.1 Scope. Definitions
(a)(1) These rules govern the practice and procedure in all actions for custody, partial custody and visitation of minor children, including habeas corpus proceedings therefore and claims for custody, partial custody or visitation asserted in an action of divorce or support.
(b) As used in this chapter, unless the context of the rule indicates otherwise,
"action" means all proceedings for custody, partial custody or visitation and proceedings for modification of prior orders of any court;
"custody" means the legal right to keep, control, guard, care for and preserve a child and includes the terms "legal custody," "physical custody," and" shared custody;"
"home county" means the county in which the child immediately preceding the time involved, lived with his parents, a parent, or a person acting as parent or in an institution, for at lease six consecutive months, and in the case of a child less than six months old the county in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child from the physical custody of the parent, institution, or person acting as parent shall not affect the six-month or other period;
"legal custody" means the legal right to make major decisions affecting the best interests of a minor child, including but not limited to, medical, religious and educational decisions;
"partial custody" means the right to take possession of a child away from the custodial person for a certain period of time;
"person acting as parent" means a person other than a parent, including an institution, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;
"joint custody" means a shared legal or shared physical custody or both of a child in such a way as to assure the child or frequent and continuing contact, including physical access, to both parents; and
"visitation" means the right to visit a child, but does not include the right to remove the child from the custodial person's control.
Explanation
A claim for custody, partial custody or visitation may be raised in several contexts. Several procedures exist to resolve these claims.
First, a person who has physical custody of a child may wish to obtain legal custody there-of and initiate a proceeding to confirm custody. Second, a person not in physical custody of a child may seek custody and commence a proceeding there-of. Third, a claim for custody, partial custody or visitation may be raised in an action of divorce by requesting the appropriate relief in the pleadings or a subsequent petition in a divorce action.
Whatever context in which the claim for custody, partial custody or visitation will arise, subdivision (a)(1) provides that the these rules will govern the practice and procedure. The custody rule is reinforced by Divorce Rule 1920.32(a), which provides that the practice and procedure with respect to a claim for custody joined in an action of divorce "shall follow the practice and procedure governing custody."
There is another, a fourth context in which partial custody or visitation may be sought, i.e., during the course of a support action. Frequently, the failure to support is related to the failure of a parent to permit the other parent to visit or spend time with a child. Though neither party had requested partial custody or visitation in the pleadings, it may become evident to the court that an order should be entered granting that relief, thus stabilizing the relationship of the parties, encouraging the continued payment of support, and disposing of both matters in a single proceeding. Similarly, if there is a contest as to partial custody or visitation, or if there is a current order outstanding, or if the entry of a support order would be delayed, the court might deem it advisable for the aggrieved parent to commence a separate action to obtain relief.
Rule 1915.2 Venue
(a) An action may be brought in any county;
(1) (i) which is the home county of the child at the time of commencement of the proceeding, or;
(ii) which had been the child's home county within six months before commencement of the proceeding and the child is absent form the county because of his removal or retention by a person claiming his custody or for other reasons and a parent or person acting as parent continues to live in the county; or;
(2) in which it is in the best interest of the child that the court decide the matter because the child and his parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships; or
(3) in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or
(4) in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter.
(b) Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or or the child and one of the parties, is not alone sufficient to establish venue.
(c) Physical presence of the child, while desirable, is not a prerequisite to venue.
(d) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.