This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Emergency Injunction Form For Child Custody In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
In order to file for Emergency Custody, you need to fill out the applicable forms and bring all of the documents to the Prothonotary's office in your county's courthouse. When filing for custody, you must file in the county in which the child resides, or in a county where the child has lived in the previous six months.
A parent has the option of filing an emergency custody order when they feel that their child is in immediate risk of harm. To file is to essentially request for the courts to immediately intervene to place a child in either the petitioning parent's custody or someone else's custody until it is safe to lift the order.
Henceforth the rights and responsibilities of the parents in the absence of misconduct shall be equal, and one parent shall be as fully entitled to the custody, control and earnings of the children as the other parent, and in case of one parent's death, the other parent shall come into full and complete control of the ...
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.
You will need to submit a petition to file for emergency custody with the family court. Following the emergency petition, there will be a hearing to determine whether there are grounds for granting the temporary custody.
The thing to do is file an emergency petition with your court. If the family court judge determines that an emergency truly exists, then a judge will probably be able to give you relief much more quickly than a judge would give you on a normal case where an emergency doesn't exist.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.
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.
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.
Child Custody and Visitation: In cases involving child custody and visitation disputes, an injunction may be sought to establish or maintain the status quo until a final decision is reached.