Pittsburgh Family Law Services, P.C. Blog

When you file for custody in Pennsylvania, you don't immediately get a final order.  Parents have to go to education seminars, mediations, and conferences before even a temporary order is issued.  It can be a lengthy process and takes a period of several months.  Sometimes though, serious situations happen where a child is unsafe under the current arrangement and it can't wait several months.  When this happens, parents often want the court to step in and take immediate action.  Under certain circumstances, this is possible.  

It's first important to understand what you're asking the court to do when asking for an emergency order.  The foundational procedure of mediations and conciliations is designed to help parents come to agreements, or, if that isn't possible, to help a judge determine what custody arrangement is in a child's best interest.  It's very common that a judge comes to that conclusion after a period of several months, where they can see how parents are handling the separation and custody.  By asking for an emergency order, you're asking the court to make an immediate determination, often without the benefit of evidence or testimony, or a lengthy pattern of behavior.  Because a judge's decision could impact a parent's contact with their child, this is a high burden to meet and it's critical that you know what judges are looking for when they consider emergency relief.  

What is an "emergency"

There is no set list in Pennsylvania custody law about what is considered an "emergency."  However, there are a few categories that will make a judge concerned.  Some of these issues are:  physical abuse or credible threats of harm, sexual abuse allegations, serious neglect or unsafe living conditions, a parent under the influence of drugs or alcohol during their custody time, domestic violence, threats to remove the child and not return them, and a parent's severe mental health instability.  What you'll notice is that all of these issues are directly related to your child's immediate physical safety (in the case of abuse, neglect, and drug and alcohol impairment) or to their stability (such as a parent threatening to suddenly remove and not return the child).  Because the Pennsylvania family court is focused first and foremost on your child's safety and well-being, judges take these allegations very seriously, and they will take immediate action when there is credible evidence that any of these are occurring.  

It's important to remember that not everything rises to this level of emergency.  Disagreements about routines or discipline, late pick-ups/drop-offs, or inappropriate behavior on the part of the other parent do not generally rise to this level.  That doesn't mean any of these issues are acceptable, and it doesn't even preclude a judge from intervening.  But judges will not enter orders restricting a parent's time with their children without specific facts and evidence.  Important evidence when asking for emergency relief includes things like police reports, threatening text messages, and photographs.  The more specific you can be, the more likely a judge is to grant emergency relief.  

What happens when you ask for an emergency custody order?

Each county in Pennsylvania has different procedures, but the basic process is that you first present a petition in front of the judge.  Depending on the allegations, the judge will either enter an order or will ask you to come to court to explain what the basis is for the emergency.  Very often, the judge will also want to review your situation in the near future.  They do this either by scheduling a conference or a hearing.  Judges use this additional proceeding as a way to better assess the situation and determine if the emergency order is indeed appropriate.  Sometimes when a judge gets more information, they decide to revise or outright undo the prior emergency order because they're assured that the child is safe.  Other times, they agree that the situation which led to the emergency petition still applies, and they keep it in place.  The judge's decision depends on the specific facts of your case and the evidence and information available.  

It's very important that you use the proper court process to request emergency relief.  Many times, parents find themselves in trouble because they took their own actions and didn't bring it to the judge's attention first.  This creates serious issues with credibility as the custody case moves through the court system, and it can be challenging to undo that first impression.  If you have an immediate concern about your child's safety, then it's important to document and preserve the evidence you have, contact a lawyer, and follow the proper procedures for seeking emergency custody relief.