Certain situations demand swift and decisive action when it comes to a child’s well-being. Emergency custody is generally pursued in Pennsylvania via a petition for special relief. If you are considering seeking emergency custody, Pennsylvania law requires you to prove an emergency exists that threatens the health and welfare of your child.
Due to the high-stakes nature of a petition for emergency custody, representation by an experienced Philadelphia child custody attorney is crucial. The dedicated family law attorneys at Schwartz, Fox & Saltzman, LLC have represented parents in emergency custody matters for over 30 years. Our law firm prepared this article to outline 10 reasons commonly used to support emergency child custody petitions in Pennsylvania.
Child Abandonment
Child abandonment typically occurs when a parent leaves their child with another person and then refuses to recognize or fulfill their parental duties. In Pennsylvania, child abandonment may warrant an emergency custody order. In extreme cases, the abandoning parent may lose parental rights and face criminal penalties.
Physical Abuse / Neglect
The safety of a child should never be compromised. Physical neglect can include failing to provide food or medical attention or leaving a child unattended. Physical abuse includes physical contact, which causes a child to suffer bodily injuries.
Mental Abuse
Severe emotional or mental abuse can be just as harmful as physical abuse. Mental abuse can include conduct that humiliates, dominates, or criticizes a child for engaging in otherwise healthy behavior. If you suspect mental abuse, you should immediately retain a Philadelphia child custody attorney, as your child may suffer long-term harm.
Threats of Abuse
When threats of abuse loom, swift legal intervention may be necessary to prevent harm to a child. Abuse is broadly defined under Pennsylvania law (§6102(a)). Abuse can include words or conduct which cause a child to be placed in fear of suffering an imminent bodily injury.
Criminal Charges of Violence
Criminal charges related to violence can significantly impact child custody arrangements, specifically if a parent is charged with physically abusing their child or the other parent. The Philadelphia child custody lawyers at SFS can help you file a petition for emergency custody if the other parent has recently been charged with a crime of violence.
Incarceration
A parent’s incarceration can disrupt the stability and care a child needs. Stated simply, a parent who is in jail or prison will not be able to attend to their child’s needs or provide proper care. Accordingly, the other parent’s incarcerated status can serve as strong grounds for a petition for emergency custody.
Mental Health Crisis
Sadly, people sometimes suffer from mental health conditions. While not all mental conditions are debilitating, individuals suffering from conditions such as bipolar disorder or severe depression may not be able to care for their children properly. At worst, a parent who has schizophrenia may pose a threat to their child, which is why it is essential to seek emergency child custody.
Substance Abuse
Substance abuse can pose serious risks to a child’s safety and well-being. A parent who abuses drugs or alcohol may not be able to properly care for or monitor their child. This can increase the risk of a child suffering abuse or neglect.
Parental Kidnapping
Pennsylvania law (§2904) defines parental kidnapping as removing a child from their parent or guardian without legal justification. This can also include removing a child from Pennsylvania with the other parent’s consent. Parental kidnapping is a distressing situation that requires urgent legal action.
Adverse Change in Living Conditions
Adverse changes in the other parent’s life may cause your child to suffer harm. If the other parent no longer has a place to live, having custody of the child may not be possible.
Talk with an Experienced Child Custody Attorney
Navigating the complexities of a petition for an emergency child custody order requires the services of a seasoned Pennsylvania child custody lawyer. The family law attorneys at SFS can help you ensure your child’s health, welfare, and safety. Contact us today to learn more about our services.