A custody agreement becomes a court order when the parents submit a proposed custody order bearing both parents' written consent and the judge signs it, under Pa.R.C.P. 1915.7. Agreements stated out loud in court must be turned into a written order within ten days, or the court writes it up. Before signing, courts now require safety verification forms, and the signed consent order is then enforceable and can only be changed by a new order.
A parenting plan signed only by the parents is a private agreement. A consent order is what schools, doctors, police and other courts recognize, and what gives either parent a way to enforce the schedule. This page explains the steps, the forms, and the local offices in Pittsburgh and Lawrence County. For the plan itself, see building a parenting plan; for the overall approach, our collaborative family law page.
How a custody agreement becomes an order, step by step
- Finish the parenting plan. Make sure it covers schedule, holidays, decision-making, school, health care, transportation and a dispute process.
- Put it in order form. The lawyers convert the plan into a proposed custody order using Pennsylvania's custody terms.
- Open or use a custody case. The order is submitted in a custody action in the proper county; in many families that means filing a custody complaint (or using the custody count in a divorce case) and then submitting the agreed order.
- Complete the safety forms. Each party files the required verification forms about criminal records and abuse history.
- Both parents sign their written consent. Under Pa.R.C.P. 1915.7(a), the proposed order must bear the parties' written consent.
- Submit the order. It goes to the court through the county's filing office.
- The judge reviews and signs. Once signed and docketed, it is a custody order.
- Keep copies. Share the order with schools and doctors as needed.
| Route | What happens | Deadline |
|---|---|---|
| Written consent order | Parents submit a proposed custody order bearing their written consent | None beyond local procedures |
| Agreement stated on the record | Parents state the agreement in court or at a conference on the record | Within ten days, submit the written consent order; otherwise the court memorializes the oral agreement in a written order |
The safety forms courts now require
Since Kayden's Law (Act 8 of 2024), Pennsylvania courts give priority to child safety in custody decisions, including agreed orders. The Allegheny County Family Division explains that, to comply with Kayden's Law, it requires all parties to complete a Custody Consent Verification Form before it can approve and enter a custody consent order, along with a Criminal Record and Abuse History Verification Form, and an affidavit from any non-professional supervisor (such as a relative supervising visits). Parties must update the forms if circumstances change, and the court may not enter the consent order until the forms are submitted.
In Lawrence County, the custody filing directions explain that, under Pa.R.Civ.P. 1915.3-2, the filing party completes a Criminal Record/Abuse History Verification Form for the party and each household member, and serves a blank form on the other parent to complete and file. The custody factors and what they mean are covered in Pennsylvania custody factors in an agreement.
Local steps in Allegheny and Lawrence counties
Allegheny County. Custody matters are handled by the Family Division at the Family Law Center, 440 Ross Street, Pittsburgh. Each time a custody complaint or petition is filed, the Generations program applies: an online co-parenting class and a remote mediation session. Custody filing fees are non-refundable, and the Family Division offers fee assessment appointments for people who cannot pay. See our guide to the Allegheny County Family Division.
Lawrence County. Custody complaints are filed with the Prothonotary at the Government Center, 430 Court Street, New Castle. The county's custody directions (revised July 22, 2025) list a filing cost of $196.70 for a complaint, a Confidential Information Form, the abuse history verification form, an entry of appearance for self-represented parties, and a petition to proceed in forma pauperis for fee waivers. The filing party must serve the complaint and forms by personal service or by first class and certified mail, restricted delivery, and file a certificate of service. See the Lawrence County Courthouse for family cases.
What the order should say
A clear order prevents later disputes. Good consent orders use the statutory custody terms (shared or sole legal custody; shared, primary, partial, sole or supervised physical custody), give exact times and exchange locations, spell out holidays by year, and include the dispute-resolution step the parents agreed on. Every custody order must also include notice of each party's obligations under the relocation statute (23 Pa.C.S. § 5323(c)); see moving after a custody agreement.
Consent orders in a mediated case
Parents who reach agreement in mediation follow the same route. In court-connected custody mediation, the mediator prepares a memorandum of understanding within 14 days of a full or partial resolution, but the memorandum is not legally binding (Pa.R.C.P. 1940.2, 1940.6). It becomes enforceable only when the terms are written into a consent order and signed by the judge. See what happens to a mediated agreement.
If the other parent does not follow the order
A consent order carries the same force as any custody order. If one parent repeatedly ignores it, the other can ask the court to enforce it; Lawrence County's published custody forms, for example, include a petition for contempt of a custody order. Before going that far, many collaborative and mediated plans require a meeting or a mediation session, which often resolves a missed exchange or a schedule misunderstanding faster than a filing. Keeping a simple record of exchanges and messages helps either way, because it shows what actually happened rather than what each parent remembers.
What changes the answer
- Safety concerns. If verification forms reveal abuse findings or risks, the court may require safety conditions or decline to enter the agreed order as written.
- A divorce case. Custody terms can be part of a divorce, but they are usually entered as a separate consent order so they stand on their own; see how the divorce is finalized.
- Which county. Custody venue generally rests where the child has lived for the past six months.
- Later changes. A consent order can be changed by a new agreed order or by petition to serve the child's best interest (23 Pa.C.S. § 5338). See what can be changed later.
- Timing. If a contested case is pending, the court rules require the first in-person court contact within 45 days of filing (Pa.R.C.P. 1915.4), and an agreement can be entered at that stage.
A worked example
For example, imagine hypothetical parents Eva and Raj in Allegheny County, who finished a parenting plan through the collaborative process. Raj's lawyer files a custody complaint so there is a case number, and both parents complete the Generations requirements and the Kayden's Law verification forms. The lawyers convert the plan into a proposed custody order with exact exchange times and a holiday chart, and both parents sign their written consent. The judge signs the order, and Eva sends a copy to the children's school. A year later, when Eva's work schedule changes, they adjust the weekday exchange time through an amended consent order. This is an illustration only.
Common mistakes
- Relying on an unsigned plan. Without a court order, the schedule is hard to enforce.
- Missing the ten-day window. An agreement placed on the record must be submitted as a written order within ten days.
- Skipping the safety forms. The court may not enter the order until they are filed.
- Vague terms. "Reasonable visitation" invites disputes; be specific.
- Informal changes for years. Update the order when the real schedule changes.
What to do this week
- Check that your parenting plan covers every topic in 23 Pa.C.S. § 5331.
- Find out which county is the right venue for the children.
- Download the county's custody forms and the verification forms.
- Gather information about every adult in each household for the verification form.
- Ask your lawyer to prepare the proposed consent order.
Frequently asked questions
Is a signed parenting plan enforceable by itself?
It is a private agreement. To be enforced as a custody order, it should be entered by the court as a consent order.
Do we have to go to court to get a consent order?
Usually not for a hearing. The proposed order with both parents' written consent is submitted and the judge reviews it.
What is the ten-day rule?
If parents state an agreement on the record, they must submit a written consent order within ten days, or the court memorializes the agreement itself.
What are the Kayden's Law forms?
In Allegheny County, a Custody Consent Verification Form, a Criminal Record and Abuse History Verification Form, and an affidavit for any non-professional supervisor.
Can a consent order be changed?
Yes, by a new agreed order or by petition to serve the child's best interest.
Does the order have to mention relocation?
Yes. Every custody order must include notice of the parties' obligations under the relocation statute.
Sources
- Pa.R.C.P. 1915.7, consent order
- Pa.R.C.P. 1915.4, prompt disposition of custody cases
- 23 Pa.C.S. § 5323, award of custody and relocation notice
- 23 Pa.C.S. § 5338, modification of custody orders
- Pa.R.C.P. 1940.6, termination of mediation and memorandum of understanding
- Allegheny County Family Division, Kayden's Law forms
- Allegheny County Family Division, starting a custody case
- Lawrence County complaint for custody directions
