This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Emergency Motion To Return Child With Autism In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
In Pennsylvania, you must show the court that there are compelling reasons for taking immediate action to protect a child's best interests. Some common grounds for seeking emergency custody include: Parental incapacity due to issues such as substance abuse, physical and mental health problems, or incarceration.
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.
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.
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.
Write professionally, but in your own voice — don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence — include only information that you have personal knowledge of.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.