Pennsylvania Emergency Custody Motion

Q: What is the Pennsylvania name for an emergency custody order?

In Pennsylvania, the request is special relief, including interim temporary custody, under Pa.R.C.P. 1915.13. A Protection From Abuse temporary order is a separate route under 23 Pa.C.S. 6107.

Q: What must I show a Pennsylvania court for emergency custody?

Rule 1915.13 says only that the court may grant appropriate interim or special relief. It states no further standard. For a PFA temporary order, the petition must allege immediate and present danger of abuse to the plaintiff or minor children. The court decides whether the showing is enough.

Q: Does Pennsylvania require notice to the other parent before special relief?

Rule 1915.13 is silent on notice to the other party. Counties may have local practice, so ask the clerk of the court of common pleas. Do not skip notice unless the court allows it. In a PFA case, the court shall conduct an ex parte proceeding when immediate and present danger is alleged.

Q: How soon is the hearing after a Pennsylvania emergency order?

Rule 1915.13 sets no hearing deadline for custody special relief; check your county's local rules. For a PFA petition, a hearing shall be held within ten business days of filing, where the plaintiff must prove the abuse by a preponderance of the evidence (23 Pa.C.S. 6107(a)).

Q: How long does a Pennsylvania emergency order last?

The duration of custody special relief is not stated in Rule 1915.13. A PFA temporary order remains in effect until modified or terminated by the court after notice and hearing (23 Pa.C.S. 6107(b)(2)).

Q: Do I need an open case to ask for special relief in Pennsylvania?

Yes. Rule 1915.13 applies at any time after commencement of the action. A custody action is started by filing a verified complaint in the court of common pleas (Rule 1915.3(a)). Rule 1915.15(a) provides a Complaint for Custody form.

Q: Is a Protection From Abuse order different from a special relief petition?

Yes. A PFA petition under 23 Pa.C.S. 6101 et seq. has its own ex parte step and hearing timing, and relief can include temporary custody (6108(a)(4)). Section 6108(a)(4)(iv) limits disturbing the defendant's existing custody unless abuse or removal from the jurisdiction is likely.

Q: Can I keep my child from the other parent while I wait for a Pennsylvania court?

Ask the court for the specific temporary orders you need rather than acting on your own. If a child is in danger, call 911.

Special relief under Rule 1915.13 in a pending case; PFA hearing within ten business days

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Introduction

Pa.R.C.P. 1915.13 lets a court grant interim or special relief, including temporary custody, in a pending custody action. The rule states no standard beyond appropriate relief and sets no fixed hearing deadline; check your county's local rules.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Pennsylvania calls the request special relief (interim temporary custody) under Pa.R.C.P. 1915.13: at any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief, which may include temporary legal or physical custody. You need a pending custody action.
3
Rule 1915.13 states no standard beyond appropriate relief, and it is silent on notice to the other parent. Ask the clerk about the county's local emergency practice. Never skip notice unless the court allows it.
4
Pa.R.C.P. 1915.4(e) says the prompt-disposition timelines do not preclude emergency or interim special relief. Rule 1915.13 sets no hearing deadline or duration for custody special relief, so check your county's local rules; the court sets the next step.
5
For abuse, the Protection From Abuse Act (23 Pa.C.S. 6101 et seq.) applies. If a petition alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding (6107(b)). A hearing is held within ten business days of filing, and relief can include temporary custody (6108(a)(4)), though 6108(a)(4)(iv) limits disturbing the defendant's existing custody unless abuse or removal from the jurisdiction is likely.
6
A PFA temporary order stays in effect until modified or terminated by the court after notice and hearing (6107(b)(2)). The court decides whether to grant any order.
7
Official forms include the Complaint for Custody (Pa.R.C.P. 1915.15(a)), which must be verified, and the Criminal Record/Abuse History Verification (Rule 1915.3-2). Under 23 Pa.C.S. 5424, a Pennsylvania court has temporary emergency jurisdiction if the child is present here and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. File in the court of common pleas. For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN CUSTODY

[PARENT NAME], Plaintiff/Petitioner, v. NO. [DOCKET NUMBER] [OTHER PARENT NAME], Defendant/Respondent.

PETITION FOR SPECIAL RELIEF: EMERGENCY INTERIM TEMPORARY CUSTODY

Petitioner, [PARENT NAME], requests interim or special relief under Pa.R.C.P. 1915.13 and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [COUNTY] County, Pennsylvania.
EXISTING ORDERS AND CASES: [DOCKET NUMBER AND COURT OF EACH CUSTODY, PFA OR CHILDREN AND YOUTH CASE, OR NONE].
EMERGENCY: [FACTS OF WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
WHY RELIEF CANNOT WAIT FOR THE REGULAR SCHEDULE: [FACTS].
TEMPORARY EMERGENCY JURISDICTION (23 Pa.C.S. 5424), IF CLAIMED: [FACTS SHOWING THE CHILD IS PRESENT IN PENNSYLVANIA AND THE CHILD HAS BEEN ABANDONED, OR THE CHILD, A SIBLING OR A PARENT IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE, OR NONE].

REQUESTED TEMPORARY ORDERS (ALTERNATIVES): [ ] A. Interim temporary physical custody of the child to Petitioner until hearing. [ ] B. Custody time for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL HEARING. [ ] C. An order that the child be brought before the court on DATE. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. Notice of this petition was given to the other parent on [DATE] by [METHOD]. [ ] B. Notice was not given before filing because: [FACTS].

______________________ [PARENT NAME], [ADDRESS, PHONE, EMAIL]

VERIFICATION I, [PARENT NAME], verify that the facts stated in this petition are true and correct to the best of my knowledge, information and belief. Date: [DATE] ______________________ [PARENT NAME]

CERTIFICATE OF SERVICE I certify that a copy of this petition was sent on [DATE] by [METHOD] to [OTHER PARENT OR COUNSEL, ADDRESS]. [ ] No service was made before filing because: [REASON]. ______________________ [PARENT NAME]

Pennsylvania Requirements for Emergency Custody Motion

Pending custody action
Pa.R.C.P. 1915.13 allows interim or special relief at any time after commencement of the action, so a custody action must be pending.
Appropriate interim or special relief
The court may on application or its own motion grant appropriate interim or special relief, which may include temporary legal or physical custody (Pa.R.C.P. 1915.13).
Verified complaint
A custody action is commenced by a verified complaint (Pa.R.C.P. 1915.3(a)). Rule 1915.15(a) provides a Complaint for Custody form.
Immediate and present danger (PFA)
For a PFA temporary order, the petition alleges immediate and present danger of abuse to the plaintiff or minor children, and the court shall conduct an ex parte proceeding (23 Pa.C.S. 6107(b)).
PFA hearing within ten business days
Within ten business days of the filing of a PFA petition, a hearing shall be held, where abuse must be proved by a preponderance of the evidence (23 Pa.C.S. 6107(a)).
Temporary emergency jurisdiction
23 Pa.C.S. 5424 applies when the child is present in Pennsylvania and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and the specific harm threatened, in the verified petition.
Specific temporary orders requested
List each order sought, such as interim temporary physical custody or limited custody time for the other parent, as separate alternatives.

Frequently Asked Questions

What is the Pennsylvania name for an emergency custody order?

What must I show a Pennsylvania court for emergency custody?

Does Pennsylvania require notice to the other parent before special relief?

How soon is the hearing after a Pennsylvania emergency order?

How long does a Pennsylvania emergency order last?

Do I need an open case to ask for special relief in Pennsylvania?

Can Pennsylvania courts act if the child is only temporarily in the state?

Is a Protection From Abuse order different from a special relief petition?

Can I keep my child from the other parent while I wait for a Pennsylvania court?

Find out where you stand in Pennsylvania

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Pennsylvania Requirements for Emergency Custody Motion

Pending custody action

Appropriate interim or special relief

Verified complaint

Immediate and present danger (PFA)

PFA hearing within ten business days

Temporary emergency jurisdiction

Facts of the emergency

Specific temporary orders requested

Frequently Asked Questions