Last amended August 1, 2013 · Last verified June 30, 2026
In one sentenceRule 1915.6 provides for joining, as a party, a parent whose rights have not been terminated or another person who has a legal interest in the custody of the child.
(1)If the court learns from the pleadings or any other source that a parent whose parental rights have not been previously terminated or a person who has physical custody of the child is not a party to the action, it shall order that the person be joined as a party. Such person shall be served with a copy of all prior pleadings and notice of the joinder substantially in the form prescribed by Rule 1915.16(a).
(2)The person joined must file any objection to the order of joinder within twenty days after notice of the order.
(3)The person joined may file a counterclaim asserting a right to physical or legal custody in the form required for a complaint by Rule 1915.3. A copy of the counterclaim shall be served upon all other parties to the action as pro- vided by Rule 440.
(b)If the court learns from the pleadings or any other source that any other person who claims to have custodial rights with respect to the child is not a party to the action, it shall order that notice be given to that person of the pendency of the action and of the right to intervene therein. The notice shall be substantially in the form prescribed by Rule 1915.16(b).
Plain-English Summary
Custody binds everyone with a stake in the child, so the right people must be in the case. When the court learns that a parent whose parental rights have not been terminated, or another person with a legal interest in the child's custody, is not a party, this rule provides for joining them. The joinder ensures the custody order accounts for everyone with rights to the child.
Frequently Asked Questions
Who must be joined in a custody case?
A parent whose rights have not been terminated, or another person with a legal interest in the child's custody.
Official Note
Explanatory Comment. —1994 The position taken by the rules is that a person in physical custody of the child and a parent whose parental rights have not been terminated are necessary parties to a custody determination. While it may be desirable to have other persons who claim custody rights as parties to the action, their joinder is not a prerequisite to a custody determination.
Amendment History
The provisions of this Rule 1915.6 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 19, 2008, effective immediately, 38 Pa.B. 6598; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial page (352461).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:custody joinder of partiesjoin parent custodycustody interested party