Rule 1915.3-1.Withdrawal of Pleading. Discontinuance of Action.
Adopted June 25, 2013 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1915.3-1 limits withdrawing a custody pleading after a scheduling order or conference notice has issued, allowing it then only by court order, and addresses discontinuance.
Full Text of Rule 1915.3-1
(a) Withdrawal of Pleading. A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except
(1) by leave of court after notice to the non-moving party, or
(2) by written agreement of the parties.
(b) Discontinuance of a Custody Action.
(1) A custody action may be discontinued by praecipe only upon a verified statement by the moving party that the complaint has not been served.
(2) A custody action cannot be discontinued after the complaint has been served except
(A) by leave of court after notice to the non-moving party, or
(B) by written agreement of the parties.
End
Plain-English Summary
Once a custody case is underway, a party cannot quietly drop claims that affect a child. This rule bars withdrawing a custody pleading after a scheduling order or notice of conference has issued, except by court order, and addresses discontinuing the action. The court's involvement protects the child's interest in a stable resolution.
Frequently Asked Questions
Can a custody claim be withdrawn freely?
Not after a scheduling order or conference notice has issued; then it takes leave of court or the parties' written agreement.
Amendment History
The provisions of this Rule 1915.3-1 adopted June 25, 2013, effective in 30 days on July 25, 2013, 43 Pa.B. 3936.
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. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: withdraw custody pleadingdiscontinue custody actioncustody withdrawal