How to Get Emergency Custody in PA

A child you love is in danger right now, and you need legal authority to protect them before someone gets hurt. Pennsylvania courts can consider emergency custody petitions when a child faces an immediate threat of severe physical harm, a safety risk, or removal from the jurisdiction.

What Qualifies as an Emergency in Pennsylvania Custody Court

Pennsylvania does not define "emergency" with a rigid statutory checklist. Instead, judges evaluate whether the child faces an immediate, irreparable risk of harm that cannot wait for a regular hearing. Situations that typically meet this threshold include:

• A parent is arrested or incarcerated and the child has no other caretaker
• Credible evidence of physical abuse, sexual abuse, or severe neglect
• A parent's acute substance use crisis that leaves the child unsupervised
• A parent attempting to flee the jurisdiction with the child
• A parent's sudden hospitalization or death with no other designated guardian

What does not qualify: disagreements about parenting style, general concerns about a parent's lifestyle, or wanting to change an existing custody schedule. Courts reserve emergency relief for genuine safety threats.

How to File an Emergency Custody Petition

The filing goes to the Family Court or Civil Division of your county's Court of Common Pleas. Here is the sequence:

1. Prepare the complaint. You need a Custody Complaint (Form 2 for grandparents and third parties) plus a Criminal Record and Abuse History Verification (Form 3). Both are free on the UJS portal at pacourts.us.

2. Write the emergency petition. This is a separate document — a Petition for Special Relief or Emergency Petition — explaining the specific danger to the child. Include dates, names, and concrete facts. Attach any supporting evidence: police reports, hospital records, CYS referrals, photographs.

3. Draft a proposed emergency order. Judges appreciate receiving a draft order that spells out exactly what temporary relief you are requesting — temporary physical custody, restrictions on the parent's contact, or supervised visitation only.

4. File everything with your county's custody filing office. Depending on the county, this may be the Office of Judicial Records, Department of Court Records, or Prothonotary. Filing fees for custody complaints range from about $135 to over $410 depending on the county. If you cannot afford the fee, file an In Forma Pauperis (IFP) petition at the same time. The court reviews the financial information and may waive the filing fee if it approves the petition.

5. Request prompt review. Follow your county's local emergency-filing instructions and ask how the court handles immediate review of emergency petitions.

Ex Parte Orders: When the Other Parent Is Not Present

In extreme situations — a child is in immediate physical danger right now — a judge can enter a temporary order without the other parent present. This is called ex parte relief.

Ex parte orders are short-lived by design. A prompt full hearing typically follows within 5 to 10 days, where the other parent gets to present their side. The temporary order stays in place until that hearing unless the judge modifies it.

If you receive an ex parte order, you are still required to serve the other parent with all custody papers. The order gives you temporary authority, not a pass on due process.

Temporary Custody Orders vs. Emergency Orders

These are related but different:

• Emergency orders address immediate danger and may be considered on an expedited basis
• Temporary orders come out of the first conciliation conference or interim hearing and set a custody schedule that lasts until trial

After the emergency hearing, the court typically enters a temporary order that governs custody while the full case works through conciliation conferences and potentially a trial. A temporary order can last months.

What Grandparents Need to Know About Emergency Filings

As a grandparent, you must establish standing to file. Under § 5324(2), standing may apply if you assumed parental status with parental consent (in loco parentis). Under § 5324(3), the relationship must have begun through parental consent or a court order, and the child must be dependent, at risk, or have lived with you for at least 12 months. Section 5324(4) requires that the child not be in a parent's care and control, that you assumed responsibility in loco parentis or have a substantial relationship, and that a parent failed or refused parental duties or the child was found dependent.

An emergency does not remove the standing requirement. State your statutory basis in the complaint and explain the immediate safety facts; the court must consider both.

If the child is currently in your care because a parent dropped them off and disappeared, document everything: when the child arrived, what the parent said, any witnesses, and any attempts you have made to contact the parent.

Don't Skip ChildLine

If a child is being abused or neglected, filing an emergency custody petition does not replace calling ChildLine at 1-800-932-0313. Suspected child abuse must be reported immediately. ChildLine operates 24/7 and initiates a county Children and Youth Services investigation; child-protection reporting and a custody petition are separate processes.

What to Bring to the Emergency Hearing

Prepare as though you are going to trial, because the judge may make immediate custody decisions:

• Photo ID
• Your filed complaint with the docket number
• The Criminal Record and Abuse History Verification form
• Any evidence of the emergency: police reports, medical records, text messages, photographs
• A proposed custody schedule showing where the child will live, school arrangements, and any contact with the parent
• Contact information for the child's school, pediatrician, and any caseworker involved

Next Steps After an Emergency Order

An emergency order is temporary. To keep custody long-term, you need to follow through with the full custody process — conciliation conferences, potentially mediation, and possibly a trial where the judge evaluates all of the statutory best-interest factors under 23 Pa.C.S. § 5328.

Our Pennsylvania Guardianship and Custody Court Process Guide walks through every stage of that process, from filing the initial complaint through the final order — including the forms, fees, service requirements, and hearing preparation that come after the emergency phase ends.

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