This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Pennsylvania USLegal Guide to Temporary Custody
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Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
If you do not have a custody Order of Court, the default in Pennsylvania is shared legal custody. Physical custody is the right to have the child in your care. Pennsylvania recognizes five types of physical custody. Primary physical custody gives one party the right to care for the child the majority of the time.
To open a child custody case, you must file your Complaint or Petition with the Clerk of the Court hearing your case. You must also pay a filing fee which can range between $57 to $300 depending on the court in which you are filing your lawsuit.
Keep in mind, some requirements may vary by case and county. Step 1: Decide whether to e-file. Many Pennsylvania counties let parents file electronically (known as e-filing). ... Step 2: Fill out your paperwork. ... Step 3: Finalize your paperwork. ... Step 4: Open your case. ... Step 5: Serve the other parent.
An emergency custody order may be granted in Pennsylvania if: A child was threatened or subjected to abuse or serious physical neglect. The custodial parent is threatening to relocate, or has relocated without Court permission.
To begin proceedings, you or your attorney must file a petition for emergency custody or ask the conference officer at your conciliation conference to schedule an emergency hearing. Some counties have specific petitions: Beaver County - Petition for Special Relief. Clearfield County - Complaint for Emergency Custody.
Parents generally have a sole custody arrangement when both parents agree that it is in the child's best interest, one parent travels extensively for work and finds it difficult to have a child live with them, the parents live far away from each other, one parent has problems with substance abuse or is mentally ...
If you and your co-parent cannot agree about your custody arrangement, you can petition the court for a change. To do so, you must prepare a schedule you think is in your child's best interests. You will also need to fill out an official petition to modify custody from with the court that initially handled your case.