MOTION FOR A PROTRACTED CUSTODY HEARING
INSTRUCTION SHEET
These instructions are meant to give you
general information and not legal advice.
A Motion for a Protracted Hearing must be filed if you think you will need more than 2 hours for
your case. You should file this motion as soon as possible after you know your case is going to
be heard by a judge. If a motion is not filed, the time you have for your case will be limited.
HOW DO I KNOW IF THE HEARING BEFORE THE JUDGE WILL TAKE MORE THAN 2
HOURS?
Consider how many witnesses you have and estimate how much time each will need to testify. If
you are not sure, allow 20 minutes for each person’s testimony. Your case may have complex
issues that require more time. Examples of complex issues include:
a. allegations of domestic violence, physical or sexual abuse or neglect
b. the child(ren) at issue has/have medical, mental health or educational problems
c. parent/caretaker has mental health problems, substance abuse problems or a
criminal history
d. agencies such as the Department of Human Services (DHS) have been or are
involved
e. one party wants to move away from Philadelphia
HOW TO REQUEST A PROTRACTED CUSTODY HEARING?
A Protracted Custody Hearing may only be requested by filing a written motion with the Court.
1. Fill in the Domestic Relations Information Sheet with as much information as you have.
2. Complete, date and sign the Motion for a Protracted Custody Hearing. (detailed instructions
included)
3. The filing fee for a Motion for a Protracted Custody Hearing is $42.68. If you cannot pay the
filing fee, you may ask to be excused from paying the fee by filing a Petition to Proceed In
Forma Pauperis (IFP). If you receive public assistance or SSI, bring your public assistance
photo ID or proof that you receive SSI.
4. File the completed Motion for a Protracted Custody Hearing and the Information Sheet with
the filing fee by mailing or hand-delivering them in person to:
Sponsored by the Family Law Section of the Philadelphia Bar Association
February, 2015