Filing for Emergency Custody in PA ─ What you Need to KnowApril 1, 2021
Child custody cases are always handled with care due to their sensitive nature. When a parent files for emergency custody, the case is treated very seriously by the court.
Emergency custody orders are granted when a parent can prove that the child is in immediate danger or there is a real threat to their safety. In some instances, a parent can file for emergency custody when they themselves have been harmed.
What is Considered Grounds for Emergency Custody?
Emergency custody is deemed that because it is an emergency situation for the child/children involved, and the court will treat it as such. However, given its seriousness, a parent must be able to prove their allegations. Seeking emergency custody under false pretenses is viewed very poorly by the court. This can negatively impact any future custody ruling in your case.
Reasons for Emergency Custody Include:
- Drug use or drug relapse by a parent
- Violent criminal charges including:
- Aggravated assault
- Terroristic threats
- False imprisonment
- Custodial parent is in police custody or jail
- Parent has taken the child/children to another state or country without the other parent’s permission.
- Presence of a sex offender around the child/children
- Contempt of an existing custody order
- Serious physical neglect
- Child abuse, including physical, mental, or sexual abuse or exploitation.
How do I File for Emergency Custody?
Before filing for emergency custody, you should gather the appropriate documents to support your case. This could include police reports, medical and child protective services records, psychiatrist evaluations of the child/children, or proof of the other party’s convictions.
If you are unsure where you should file, you can contact the clerk of courts in your county. They can guide you and give you the best contact information to proceed.
Finally, if you don’t have an attorney to assist you, you may want to consider hiring one who is experienced in Pennsylvania family law.
How Fast Can an Emergency Custody Order be Granted?
An emergency hearing date will be determined once the court receives your petition. Since these cases involve the safety of a child, a court will hear the arguments as soon as possible. How quickly you see a judge varies county to county depending on the court calendar.
Once a ruling is made, it is important for you to know it is a temporary order. You will still have to go through the usual court procedures to establish further changes to the original custody agreement.
What Happens After Being Granted Emergency Custody?
The child/children will be placed in the custody of the petitioning parent, relative or guardian. This should happen quickly and will stay this way until a full trial is complete or until further order of court.
During the full trial, the case will be reexamined, and the petitioning parent must present the supporting evidence that prompted the emergency order. This time the other parent will have the opportunity to defend themselves. Once the judge has heard all sides, a decision will be made in the best interest of the child.