A party can file for emergency custody if he or she believes that a child is at risk of harm if the Court does not get involved. Examples of actual custody emergencies could include a drug overdose, some type of abuse, or a number of other situations.
Before there can be an emergency custody petition, there must be an open custody case, so if a case was not previously opened, the party asking for emergency custody will have to simultaneously file for custody. Emergency petitions are heard by the Family Court judges, and they are generally pretty good at sorting out the real emergencies.
In my experience, what some people see as an emergency may not be a true custody emergency from the Court’s perspective, and it is beneficial for anyone in a possible emergency situation to consult counsel.
If you have any questions about the topic discussed in this article, or any family law matter, please give us a call at Bononi & Company (724) 832-2499.