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Who has custody of a child if there is no court order in PA?

If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time.

What makes a parent unfit in Pennsylvania?

What makes a parent unfit in PA? Any records proving mental or physical condition that makes the parent incapable of providing care for their child as well as criminal charges and drug use count as strong evidence to show that the parent is not fit to be awarded the custody.

What is legal custody in PA?

"Legal custody." The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions. "Parental duties." Includes meeting the physical, emotional and social needs of the child.

How is child custody determined in PA?

In Pennsylvania, the Court determines an award of custody based on the best interest of a child after consideration of all relevant factors. Particular consideration is given to factors that affect the safety of the child and the gender of a parent is not a consideration.

How do I get emergency custody of my child in PA?

Pennsylvania gives parents an opportunity to bring their emergency immediately before a judge by filing a Petition for Special Relief. In some counties, you may be able to see a judge the same day. In other counties you may need to wait up to 5 days.

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How does emergency custody work in Pennsylvania?

Once a judge orders an emergency custody order, the child will temporarily go into designated custody. This will happen quickly - whether it be the day of the order of a few days afterwards. The child will remain in designated custody until the date of a full trial. At a full trial, the case will be reviewed again.

Who has custody of child in PA?

Once a child is born in the state of Pennsylvania and the parents are unmarried, the mother's rights are no different than if she were married. The mother has legal custody of the child no matter if she is married or unmarried in this state.

What are reasons to file for emergency custody in PA?

Reasons for Emergency Custody Include: Drug use or drug relapse by a parent. Violent criminal charges including: Homicide. ... Presence of a sex offender around the child/children. Contempt of an existing custody order. Serious physical neglect. Child abuse, including physical, mental, or sexual abuse or exploitation.

How do I get emergency custody of my child in PA?

Pennsylvania gives parents an opportunity to bring their emergency immediately before a judge by filing a Petition for Special Relief. In some counties, you may be able to see a judge the same day. In other counties you may need to wait up to 5 days.

How does emergency custody work in Pennsylvania?

Once a judge orders an emergency custody order, the child will temporarily go into designated custody. This will happen quickly - whether it be the day of the order of a few days afterwards. The child will remain in designated custody until the date of a full trial. At a full trial, the case will be reviewed again.

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