When your child’s safety is at risk, time is critical. Pennsylvania law allows for emergency custody when there is immediate danger—but the process is specific, and the courts in Wayne and Lackawanna Counties require certain procedures to be followed.
At Clause Law Group, we help concerned parents act quickly and legally to protect their children, filing emergency custody petitions that meet court standards and show the urgency of the situation.
What Is Emergency Custody?
Emergency custody is a legal request to immediately change or establish a custody arrangement due to:
- Physical abuse
- Sexual abuse
- Serious neglect
- Drug or alcohol misuse by a parent
- Immediate risk of harm
The goal is to temporarily change custody while a longer hearing is scheduled.
When Should You File?
You should file for emergency custody as soon as possible if:
- Your child has been abused or threatened
- A parent has been arrested or is using drugs in the child’s presence
- You fear for the child’s physical or emotional safety
The court will assess whether your situation meets the threshold of immediate and irreparable harm.
Where to File for Emergency Custody
Wayne County Family Court
📍 925 Court Street, Honesdale, PA 18431
📞 (570) 253-5970
Lackawanna County Family Court
📍 123 Wyoming Ave, Scranton, PA 18503
📞 (570) 963-6723
You will file a Petition for Emergency Custody with the Family Court division of the Court of Common Pleas in the county where the child resides.
What Happens After You File?
- Initial Review by Judge or Court Officer
A judge may review the petition within 24–72 hours, depending on severity and timing. - Temporary Order Issued
If approved, a temporary emergency custody order is entered without a hearing (called ex parte). - Hearing Scheduled
A full hearing is set within a few days to allow the other parent to respond. - Final Decision
The court decides whether to:
- Make the emergency order permanent
- Return to the prior order
- Create a new modified order
What Evidence Should You Include?
The more specific your evidence, the better. Include:
- Police reports or child protective services documentation
- Text messages, emails, or voicemails showing threats
- Witness statements
- Photos or medical records
⚠️ False or exaggerated claims may backfire and result in legal penalties or custody changes in favor of the other parent.
Can You Be Denied Emergency Custody?
Yes. If the judge finds that the child is not in immediate danger, the request may be denied and referred to the regular custody process.
Legal Help Is Critical in Emergency Situations
Emergency custody is fact-intensive, high-stakes, and often emotional. The outcome depends heavily on the quality of your petition and supporting documentation.
At Clause Law Group, we act quickly and discreetly to:
- Draft and file your emergency petition
- Appear in court on short notice
- Prepare you for the follow-up hearing
- Seek permanent protections when warranted
Protect Your Child Today
If your child is in danger or you believe immediate court intervention is needed, don’t wait. We’ll help you take the right legal steps—fast.
📞 Call (570) 676-5212
📍 We serve families in Wayne and Lackawanna Counties from our Newfoundland, PA office
📨 Request an emergency custody consultation now
