Prepare your testimony, evidence and questions before going to your Philadelphia child custody hearing. You will not likely need all the forms; ask the court clerk to clarify which forms pertain to your specific situation. Meet with a master of the court to determine if you will be participating in mediation, conference or a full court hearing. Rosa Lyn has been a freelance writer since 2009. The Emergency Custody Petition will be reviewed by the designated Judge, Petitioners will be notified by email and/or telephone whether the Petition is acceptable. Her child's father filed for emergency custody and has temporary custody of him. The coronvirus (COVID-19) pandemic has had ripple effects throughout Philadelphia that may complicate existing custody orders and arrangements. Prior convictions and drug or alcohol abuse can lead to the court finding that your guardianship is not in the best interest of your child. Exceptions: if the child is under 6 months old, or for certain emergencies such as abandonment or … The cost to file an action for custody in PA varies by court. WHO MAY FILE FOR CUSTODY IN PHILADELPHIA? If the other parent takes the child and is unwilling to return the child, you can file a custody case and ask the judge to order the child returned. If your child is being withheld from you, do not stop insisting on exercising physical custody because you anticipate the answer will be no. The Court Nursery is closed for visitation. 4. In Philadelphia, there are specific procedures that should be followed to file for custody. HOW TO FILE FOR CUSTODY Where do I go? The first step in commencing custody proceedings in any county is to file a Complaint for Custody. If your child recently moved, file in their previous county. Please note that hearings will not be scheduled immediately upon the filing of the motion. Give all testimony and documentation to the master to assist him in making a decision that is in the best interest of your child. Any time as long as the child is a dependent minor and you have full or shared custody, you have control of the child(ren), or you are a putative father. An additional $38.80 is required to request emergency status. If you cannot pay the filing fee, you can file a Petition to Proceed In Forma Pauperis, or IFP, to be excused from payment. Step 2: Filing for custody Open your case through the Court of Common Pleas in the county where your child has lived for the past six months (or since birth, if they're less than six months old). Visit the court clerk's office, as they can offer you the best assistance with a child custody case. Exceptions: if the child is under 6 months old, or for certain emergencies such as abandonment or abuse of the child or the child’s parent or sibling. Explain to the clerk that you're interested in initiating a child custody suit. A parent of the child may file for any form of physical or legal custody. Giving you or the other parent temporary custody of, or temporary visitation, with your child or children A PFA is not a guarantee of safety—it is one tool that can be used to deter one person from abusing another, and is only one part of a comprehensive safety plan. If that seems unsafe for you and/or the child you should request that the exchange take place at a police district, either in the parking lot or in the station itself. The Family Law Unit at Philadelphia Legal Assistance is OPEN during the pandemic. Fill out and file all the necessary custody petitions. If there is a Protection From Abuse Order in place on your behalf, only communicate with the other party to arrange for custody exchanges if it is safe for you to do so. There are a few exceptions to this rule, for example if the child is under 6 months old, or for certain emergencies. This can include protective orders, prior legal agreements and identifying information about the other parent and your children. Be … This will give you your court date. Asked in Philadelphia, PA | Dec 5, 2018. We do not know when this will be. As of July 2018, the fee for filing a custody complaint in Philadelphia Family Court is $107.13. This article contains information on how to file for custody of a child in Philadelphia. After a party files for custody in Philadelphia, a hearing date will be set to appear before a "Custody Master" at the Domestic Relations Division of Philadelphia Family Court, located at 1501 Arch St, Philadelphia, PA 19102 (215-686-7466), where all Philadelphia Family Law matters take place. Filing for Custody . Couples can reach their own custody agreement without court intervention if they desire. An ex-parte (without the other party) hearing may be held telephonically. Keep a log of every exchange, including time, location, any important details about the child’s health and wellbeing. Philadelphia, PA. 19107 5. You can complete the Emergency Custody paperwork using a friend or family member’s computer, You can use a friend or family member’s e-mail to file the Emergency Custody paperwork, When you file by e-mail, you can include specific times when it is safe for the Court to call you on the telephone, You can ask for help filing your paperwork and you can speak to an advocate before you file. Indeed, as the years pass, you and your ex-spouse may begin to realize what was once an ideal custody arrangement is no longer in your child’s best interests. Determine the rules and procedures of your specific state court. The filing fee for custody is different in each county. Write in your own simple language. Law for Families provides all the legal information that you and your family need. 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