The Pennsylvania Petition For Expedited Relief-Custody is a legal document used to ask the court to quickly decide a custody or visitation issue. It can be used in situations where there is an urgent need for a decision, such as when there is an immediate danger to a child. There are two types of Pennsylvania Petition For Expedited Relief-Custody. The first is an Emergency Petition, which seeks a hearing within five days. The second type is an Ex Parte Petition, which seeks a hearing within two days. Both require the submission of evidence supporting the request, such as proof of an immediate danger or need for a decision. Once the petition is filed, the court will review the evidence and issue a ruling.
Pennsylvania Petition For Expedited Relief-Custody
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Pennsylvania
Control #:
PA-SKU-2465
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PDF
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Petition For Expedited Relief-Custody
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To open a custody case, you have to pay a fee between $57 and $300, depending on your county. You may pay less if you already have a divorce or separation case open. E-filing may bring an additional fee.
Where a party believes there is an immediate clear and present danger to the child(ren), that party may file a petition for special relief. The petition for special relief must be presented as a separate document headed "Petition for Special Relief." The petition shall conform to the requirements of Pa. R.C.P.
The custodial parent is in police custody, jail, or has been imprisoned. A child has been taken to another state or country without the permission of the other parent and/or the courts. A child has been physically or mentally abused by the parent or anyone staying at, or with access to the home.
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. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
In order to file for emergency custody, you need to fill out all of the applicable paperwork indicated in the instruction sheet for your specific county. One of these documents will be a petition for Emergency Relief. Included with this form, you will need to also provide your current court issued custody order.
Before a party can request temporary custody or special relief, a Complaint for Custody must have been filed OR a Court Order must be in effect. A party seeking temporary custody or special relief shall present a Special Relief Petition and a proposed Order of Court to the Family Motion Court Judge.
The filing fee for a petition to modify is $42.68. If you cannot pay the filing fee, you may ask to be excused from paying the fee by filing a Petition to Proceed In Forma Pauperis (IFP). If you receive public assistance or SSI, bring your public assistance photo ID or proof that you receive SSI.
It costs an extra $42.68 to file for emergency custody. Fees are different (or none) for other filings. ask to be excused from paying the fee by filing a petition to proceed In Forma Pauperis (IFP).
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Instructions. 1. Complete this form, including the affidavit on page 2. 2. Attach an Affidavit Concerning Children, form JD-FM-164.Emergency Petitions for Custody shall be filed when there is an immediate threat to the health, safety, or welfare of the child. b. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. Courthouse, no later than a.m. The Custody Emergency Petition package is found on the Westmoreland County Custody Forms web page. Please proceed pursuant to directions. COMPLETELY fill out both petitions - ALL spaces must be completed. The emergency petition will seek immediate judicial action, usually in the form of an injunction. Instead, should emergency relief be granted sparingly so as to not invite petitions that allege any of the above?