How to File for Emergency Custody in Pennsylvania
Feb. 12, 2025
When your child’s safety or well-being is in jeopardy, every moment matters. Taking swift legal action can feel overwhelming, especially when emotions are running high and the stakes are so personal. Emergency custody offers a way for parents to protect their children in urgent situations.
At Iwanyshyn & Associates, we believe parents shouldn't have to face these challenges alone. Our goal is to equip you with the support and resources needed to protect your child during these critical moments.
We aim to help our clients file for emergency custody in Pennsylvania and strive to make sure your child’s best interests are protected every step of the way.
What Is Emergency Custody?
Emergency custody is a legal order that temporarily modifies or grants custody of a child to one parent or guardian in situations where the child's immediate safety or well-being is jeopardized. Filing for emergency custody is not a matter to take lightly, as it's reserved for urgent cases that require immediate judicial intervention.
Some common situations that warrant emergency custody include:
Evidence of abuse or neglect by the other parent or guardian
A parent's incapacity to care for the child due to substance abuse, incarceration, or severe mental health issues
Situations where the child is exposed to domestic violence or an unsafe living environment
Threats of abduction or removal of the child from the jurisdiction
If your case qualifies as an emergency, we can help you evaluate your situation to determine if filing for emergency custody is the right course of action.
How to Apply for Emergency Custody
When you decide to file an emergency custody petition, preparation is key. The judge will need to make a swift decision, so the petition and supporting evidence must be as detailed and compelling as possible. The steps you should follow to file for emergency custody include the following.
Gather Supporting Evidence
Emergency custody cases often revolve around presenting credible evidence that demonstrates the urgency of the situation. Some common types of evidence may include:
Medical records: If your child has been harmed, it's important to document all relevant medical injuries or health concerns.
Police reports: Any records of domestic disturbances or incidents reported to law enforcement can provide support for your claims.
Photographs or videos: Visual evidence capturing unsafe living conditions, injuries, or related concerns can help substantiate your petition.
Witness statements: Statements from teachers, family members, neighbors, or other witnesses who have first-hand knowledge of your concerns can strengthen your case.
Correspondence: Text messages, emails, or social media posts indicating harmful behavior from the other parent may also be included, as long as they are admissible under Pennsylvania law.
Having thorough documentation is crucial to prove to the court why emergency custody is necessary to protect your child.
Draft an Emergency Custody Petition
An emergency custody petition is a legal document that requests the court to modify custody arrangements immediately. This petition must state your concerns clearly and demonstrate why an emergency remedy is warranted. Some items an emergency custody petition should include are:
The name and address of both parents or guardians
The existing custody arrangements, if any
A detailed explanation of the emergency circumstances requiring custody modification
The temporary custody order you are requesting
At Iwanyshyn & Associates, our experienced family law attorneys are skilled in helping our clients draft petitions that comply with Pennsylvania custody law.
How to File a Petition in Pennsylvania
Once your petition is complete, you will need to file it with the appropriate court in Pennsylvania. Emergency custody cases are handled by the Family Division of the Court of Common Pleas in the county where the child resides. When filing the petition, you will typically need to complete additional forms, such as:
A Criminal or Abuse History Verification form, which discloses any relevant criminal history for both parties involved
A custody complaint if no prior custody order exists
If you're unsure about the proper forms or procedures specific to your county, we will strive to guide you through the filing process to avoid unnecessary delays.
What to Expect During the Hearing
After the emergency custody petition is filed, the court will schedule a hearing, usually within days if the situation is urgent. At this hearing, a judge will review the evidence and arguments presented by both parties, if possible.
At the hearing, you will need to present your evidence effectively to show why an immediate change in custody is necessary. An experienced attorney can help you prepare your testimony, organize your evidence, and anticipate any arguments the other party may raise. The judge will make a decision based on the best interests of the child, with particular focus on:
Protecting the child’s immediate safety and security
Maintaining stability in the child’s life
The credibility of the evidence provided by both sides
Given the high stakes, having an experienced family law attorney by your side is invaluable in advocating for your child’s needs during the hearing.
Temporary vs. Permanent Custody Orders
If the judge grants your emergency custody request, the order will likely be temporary and last only until a formal custody hearing can be scheduled. During the formal hearing, the court will evaluate the long-term custody arrangement with input from both parents or guardians. We’ll strive to pursue an outcome that reflects the best interests of your child.
FAQs About Emergency Custody in Pennsylvania
At Iwanyshyn & Associates, we commonly encounter questions from our clients. Some of the most common questions we received include:
How long does it take to get an emergency custody order?
The timeline varies depending on the court’s schedule and the specifics of your case, but emergency custody hearings typically happen within a few days or weeks of filing.
Do I need an attorney for emergency custody?
While you are not required to have legal representation, having an attorney significantly improves your chances of success. Emergency custody cases are complicated and require a well-planned legal strategy.
What if the court denies my emergency custody petition?
If your petition is denied, you may still pursue custody modifications by filing an appeal. We can help you build your case for future proceedings or explore alternative legal options.
Protect Your Child’s Well-Being Today
At Iwanyshyn & Associates, we understand how overwhelming it is to file for emergency custody. When your child’s safety is at stake, you shouldn’t have to handle the process alone. Our experienced family law attorneys are here to provide clear guidance, comprehensive legal support, and compassionate representation as you fight to protect your child.
If you believe your child is in danger and need to file for emergency custody in Pennsylvania, contact us today to schedule a consultation. Located in Allison Park, Pennsylvania, we serve families throughout the surrounding areas.