Family Matters

What is a Criminal History and Abuse Verification Form?

If you have participated in a child custody matter in Pennsylvania, you have likely heard people refer to a Criminal Record and Abuse History Verification. It is a form that must be completed and submitted multiple times during the life of a child custody matter. When anyone is requesting to establish or change custody through a Custody Complaint or a Petition to Modify Custody, a Criminal Record and Abuse History Verification is filed simultaneously.

When someone is responding to or defending against a Custody Complaint or Petition to Modify Custody, they are required to file a Criminal Record and Abuse History Verification within thirty (30) days of being served with the custody action. This verification should also be filed by both parties when a custody contempt action is initiated.

After custody has been initiated in the Court, these Verifications should be updated and filed with the court within five (5) days of a change in circumstance or at least one (1) day prior to a court proceeding. A change in circumstance would include, but is not limited to, when a new adult moves into the party’s residence, when a party moves in with a new adult, when a party is charged with a crime listed on the verification, or when a Protection from Abuse matter has been initiated. This keeps an ongoing duty for any parent, or person with custody of a child, to update the Court even when there is not an active custody matter pending.

The Verification makes sure the Court knows if a parent, or person with custody, has engaged in certain criminal activity or has had a finding of abuse against them. Informing the Court of criminal history or abuse history does not bar the parent from future custody of a child. When a person checks a box on the form indicating criminal or abuse history, the Court is required to hold a conference to assess potential safety risks to the child. A Hearing Officer, a Judge, or other court personnel can hold that conference. After the initial conference, the Court decides if there is a need to engage experts to further assess safety.

The list of crimes included in the Verification has expanded over time. The long list includes arson, endangering the welfare of the child, cruelty to animals, drug possession, sexual assault, and strangulation, among other crimes. The list of crimes, while not exhaustive, helps the Court assess safety risks to the child. The Court will consider the circumstances around the conviction, guilty plea, charges, conviction, etc. This consideration includes the length of time between the criminal or abuse event and the custody action.

As the name of the Verification indicates, crimes are not the only thing included. A parent or person with custody must also inform the court if they have ever been involved in dependency actions. Dependency actions are actions involving an investigation of child abuse by a local agency. The form also requires disclosure if a parent, or person with custody of a child, has had a Protection From Abuse Order entered against them after a finding of abuse, or has violated a Protection From Abuse Order. If any of these are indicated on the form, a conference must be held to determine the safety risk to the child, similar to if a party has a criminal history.

It is important to be truthful on the form to make sure the court has all the information. When filling out this form, a person should discuss with their attorney any charges that have been expunged or are not publicly available to determine how to disclose these matters. One should also consult with an attorney when listing allegations against the opposing party. or further guidance or information on this topic, please set up a consultation with a member of our Family Law team.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.