Emergency Motion To Return Child For Visitation In Pennsylvania
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FAQ
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
You may appeal a temporary order if there's a concern related to abuse or neglect. Time-sensitive Issues or those involving threats to you or your child's safety may also be used as the bases for your appeal of a temporary order.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
Emergency custody is utilized in situations where a child faces imminent harm or danger that requires immediate intervention by the court. In Pennsylvania, you must show the court that there are compelling reasons for taking immediate action to protect a child's best interests.
Under normal circumstances, once the temporary guardians of the child agree to terminate the agreement, they can end it by signing a stipulation. And there will be no need for a legal proceeding.
If you are able to demonstrate some sort of imminent harm/danger/threat, then the court will grant the emergency custody order. If the order is granted, then the court will have a more formal hearing, usually ten days later, and the other custodian will then get notice to show up so they can tell their side.
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
