Emergency Motion To Return Child Without Court Order In Philadelphia
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FAQ
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.
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.
Unfortunately, you cannot get full child custody without going to court. This is because, under California law, child custody is something that must be ordered by a court with jurisdiction over the children involved. Thus, any custody determinations in California must inherently go through the court system.
To leave the state with your minor child you must have full legal and physical custody or proof of the agreement of your child's other parent to do so. Leaving the state with your minor child without the agreement of your ex can result in kidnapping charges, and usually makes the judge in the case quite upset.
In the absence of a court order, Pennsylvania often leans towards shared legal custody. This implies that both parents have the right to make significant decisions affecting the child's life, such as those related to education, health care and religious upbringing.
Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.
