Emergency Custody Filing Steps

Summary

Filing for emergency custody in Pennsylvania requires submitting a detailed petition outlining immediate risks to the child. Its crucial to include specific incidents of abuse or neglect, supported by evidence such as text messages or medical records. You can e-file the petition over the weekend and plan to appear in court on the judges scheduled day. Consider filing a petition for modification of custody simultaneously for long-term changes. If youre low-income, you can file in forma pauperis to request a waiver of court fees. Ensure your declaration is clear, factual, and organized, highlighting your qualifications and the stable environment you can provide. Seek legal aid for assistance and prepare all necessary documentation to support your case.

Full Conversation

Desiree Reincke

Hello, Desiree! How can I assist you with your legal issue today? Could you please provide me with more details about your situation, including your location?

Hello?

Hello, Desiree. I'm sorry to hear about your situation. Given the serious nature of your concerns, you might consider filing for an emergency custody order to protect your daughter immediately.
To assist you better, could you please confirm if you are currently residing in Lancaster County, Pennsylvania, or elsewhere? This will help provide more specific guidance.

I reside in WV, but my daughter resides in Lancaster county Pennsylvania

Hello Desiree,
I'm truly sorry to hear about your situation. Given the severity and urgency, here’s a general outline of steps you might consider:
- **Emergency Custody Petition**: File this immediately to address the urgent danger to your daughter.
- **Modification of Custody Order**: Simultaneously or subsequently, request a change in custody arrangements.
Since your daughter is in Lancaster County, Pennsylvania, you would need to file in the appropriate jurisdiction there.

Lancaster County Court of Common Pleas

Phone: (*) *-*
Address: * N Duke St, Lancaster, PA *
Website: www.co.lancaster.pa.us

Would you like more detailed guidance on filing these petitions?

Yes I’d like any and all info and guidance you got! Please! I can’t screw this up bc my daughter is in danger. She’s suffered from self harm by cutting last year. She’s under so much distress and I’m overwhelmed bc I’m so scared I’ll mess up filing this emergency petition and then fail my daughter— like with CPS showing up to their home recently too, I want to call CPS to ask what’s going on but I don’t want to disrupt anything and screw up either but something isn’t selling well with me bc no case worker has spoken to my daughter at all, nor has one called me. Isn’t this case worker supposed to interview child first without parents knowledge and then show up to the home to investigate? And if so, why did CPS not do this and show up to home anyways? While the case worker was standing there with my daughter in the garage, stepmom gets in daughter’s face pointing at her nose and says “ I am seriously so disgusted and disappointed with you. I have never been so disrespected all of my life.” Directly blaming my daughter for CPS caseworker being there when the school counselor is the one that reported them to CPS and the counselor even called the father and told him directly that she’s terminated reporter and that she is reporting them to CPS just so he’s aware, but they are still choosing to blame my daughter Directly blaming me as well saying that they know it was me that called which makes no sense because they know it wasn’t

Desiree, it sounds like a very distressing situation. Here is what you can do:
*. **Emergency Custody Petition**:
- File an emergency custody petition in Lancaster County, PA, to address the urgent risk to your daughter.
- Provide detailed evidence of abuse and neglect.
*. **CPS Contact**:
- Contact Lancaster County CPS for clarification on their investigation and express your concerns.
*. **Documentation**:
- Keep detailed records of all incidents, communications, and any evidence of abuse or neglect.
*. **Legal Assistance**:
- Seek assistance from legal aid organizations in PA that might help you file correctly.
Would you like more detailed guidance on filling out the emergency custody petition?

Yes if you have more information and guidance, you can give me please. I’m begging you even if you think I don’t need it give it to me anyway I do have a few questions – so do I file an emergency custody petition and at the same time file a petition for modification of custody? Why would I file both? Couldn’t I explain that I was about to file a petition for modification of custody but then given the severity of the situation I have decided to do emergency? The only real evidence I have of majority of the abuse is my daughter’s testimony , she is very smart and mature and well spoken and she’s 13 years old now the only issue is that when I provide evidence of it she’s going to get in trouble because the rule at her home is she’s not allowed to speak to her mother, but she secretly messages me via text on Pinterest and her father doesn’t know about this so that is her biggest fear and my biggest fear is that her father is going to find out the abuse is going to get even worse

Desiree, I'm deeply sorry for what you're going through. Here’s a brief outline to guide you:
*. **Emergency Custody Petition**:
- File this immediately to address the immediate danger to your daughter.

*. **Petition for Modification of Custody**:
- File this to change the custody arrangements for the long term.
**Why File Both?**:
- **Emergency Custody**: Addresses immediate danger.
- **Modification of Custody**: Ensures a stable, long-term solution.
**Evidence**:
- Your daughter's testimony is vital. Emphasize her maturity and ability to articulate her experiences.
**Court Contact**:

Lancaster County Court of Common Pleas

Phone: (*) *-*
Address: * N Duke St, Lancaster, PA *
Website: www.co.lancaster.pa.us

Would you like specific guidance on drafting these petitions?

OK so I do file both petitions. Do I do this on the same day at the same time or what because this is weird to me doesn’t the emergency custody petition kind of take care of that couldn’t I request that the courts change the physical custody? That’s what it was going to be in my original petition was I was going to request that our Legal shared custody remain the same, and that the courts grant me primary physical custody and grant the father partial physical custody, but now a part of me is second-guessing that because they are doing everything they can to inflict emotional mental, physical, psychological pain and distress on her

Desiree, filing both petitions ensures immediate and long-term protection for your daughter:
- **Emergency Custody Petition**: Addresses immediate danger and seeks temporary custody.
- **Petition for Modification of Custody**: Seeks long-term changes to custody arrangements.
Filing them together ensures the court considers both the immediate and ongoing concerns. Would you like guidance on the specific forms and details to include in these petitions?

Yes please!

Desiree, here’s a brief guide on how to proceed:

Emergency Custody Petition:
*. **Forms**: Obtain the emergency custody petition form from the Lancaster County Court of Common Pleas.
*. **Details**: Include:
- Specific incidents of abuse and neglect.
- Any evidence and your daughter’s statements.
- Immediate risks to your daughter’s safety.

Petition for Modification of Custody:
*. **Forms**: Obtain the modification petition form.
*. **Details**: Include:
- Request for primary physical custody.
- Detailed reasons and supporting incidents.

Filing Process:
*. File both petitions together at the Lancaster County Court of Common Pleas.
*. Ensure you have multiple copies for your records and for the court.

Lancaster County Court of Common Pleas
Phone: (*) *-*
Address: * N Duke St, Lancaster, PA *
Website: www.co.lancaster.pa.us
Would you like detailed instructions on filling out these forms?

Can I e-file them? It’s Saturday and I live * hours away in West Virginia

Desiree, you can generally e-file documents for many courts, but you will need to confirm whether the Lancaster County Court of Common Pleas allows e-filing for custody petitions. Here is what you can do:
*. **Check Online**: Visit the Lancaster County Court's website to see if they offer e-filing services.
*. **Contact the Court**: Call the court on Monday to confirm the e-filing process and any specific requirements.

~Lancaster County Court of Common Pleas
Phone: (*) *-*
Website: [www.co.lancaster.pa.us](http://www.co.lancaster.pa.us)
Would you like guidance on what to do if e-filing is not available?

I already know that the Lancaster county court of Common Pleas does allow you to e-file documents so what do you think is best for me to do e-filing it over the weekend or showing up Monday morning and doing it I know I read something online that said when you’re filing like emergency custody type of documents that you have to go in front of the same judge that issued your original custody order and then it showed a calendar and the judge that issued my order, it said that his weekday was Tuesdays at * AM so what does that mean? I need to file it on Tuesday at * AM or before then

Desiree, given the urgency of your situation:
- **E-file over the weekend**: This ensures your documents are submitted as soon as possible.
- **Court Appearance**: Plan to appear on Tuesday at * AM before the judge who issued the original order.
This approach ensures immediate action and aligns with the judge's schedule.

What other guidance do you have?

Desiree, here are additional points to consider:
*. **Prepare Documentation**:
- Gather all relevant evidence, including text messages, medical records, and any other documentation supporting your claims.
- Prepare a detailed timeline of events.
*. **Emergency Hearing**:
- After e-filing, contact the court to confirm the emergency hearing date and any additional steps you may need to follow.
*. **Support System**:
- Consider reaching out to local support groups or organizations for emotional and logistical support.
*. **Legal Aid**:
- If possible, seek advice from legal aid services in Pennsylvania for guidance on your filings.
Would you like more help on specific aspects of preparing your documents or court appearance?

Yes please

Desiree, here’s a detailed guide to help you prepare:

**Preparing Your Documents:**
*. **Emergency Custody Petition:**
- **Form:** Obtain the emergency custody petition form from the Lancaster County Court's website.
- **Content:**
- **Incidents:** Detail specific incidents of abuse, neglect, and any immediate risks.
- **Evidence:** Include any text messages, medical records, and your daughter’s statements.
- **Summary:** Provide a clear summary of why immediate custody change is necessary.
*. **Petition for Modification of Custody:**
- **Form:** Obtain the modification of custody petition form.
- **Content:**
- **Request:** Clearly state your request for primary physical custody.
- **Reasons:** Detail the reasons for modification, including all incidents of abuse and neglect.
- **Supporting Evidence:** Attach relevant evidence such as communication logs, photos, and medical reports.

**Filing Process:**
*. **E-filing:**
- **Submit Over the Weekend:** Ensure your documents are filed as soon as possible.
- **Confirmation:** After e-filing, contact the court on Monday to confirm receipt and get details on the emergency hearing.
*. **

What’s #*?

Desiree, here's a continuation guide for step #*:

***. Petition for Modification of Custody:**
- **Form:** Obtain the modification of custody petition form from the Lancaster County Court's website.
- **Content:**
- **Request:** Clearly state your request for primary physical custody.
- **Reasons:** Detail the reasons for modification, including all incidents of abuse and neglect.
- **Supporting Evidence:** Attach relevant evidence such as communication logs, photos, and medical reports.
Would you like more help with any specific part of this process?

Yes I feel confused as to how to draft the declarations that I will attach to the petitions. And I’m still a bit lost as to why I have to file two separate petitions bc it’s expensive but I’ll file the in forma pauperous too but can I do that for both? I’m low income

Desiree, I understand your concerns. Here’s a concise guide on drafting declarations and filing in forma pauperis for both petitions:
*. **Drafting Declarations:**
- **Introduction:** State your name, relationship to your daughter, and the purpose of the declaration.
- **Incident Details:** Describe specific incidents of abuse and neglect with dates and details.
- **Evidence:** Mention any supporting evidence like text messages, medical records, and your daughter’s statements.
- **Conclusion:** Summarize the immediate danger and the need for the court’s intervention.
*. **In Forma Pauperis:**
- **Forms:** Obtain the in forma pauperis (IFP) forms from the Lancaster County Court’s website.
- **Filing for Both Petitions:** Yes, you can file IFP forms with both the emergency custody petition and the petition for modification of custody to request a waiver of court fees.

~Lancaster County Court of Common Pleas
Phone: (*) *-*
Website: [www.co.lancaster.pa.us](http://www.co.lancaster.pa.us)

Would you like more detailed assistance on any specific part of the declaration or filing process?

Let’s focus right now solely on the emergency custody petition because that’s more important so I wanna make sure my declaration is clear, factual organized and provides me the best possibility at getting this granted because I only get one shot at this so it’s extremely serious because the abuse my daughter is experiencing is extreme and it’s pushing her over the edgeso if I accidentally don’t do this right and I fail her it could cost her, her life

Desiree, I understand the urgency. Let's focus on crafting a clear and impactful declaration for your emergency custody petition. Here's a structured guide:

~Emergency Custody Declaration Outline
***. Introduction:**
- State your full name and relationship to your daughter.
- Mention the purpose of the declaration — seeking emergency custody due to immediate danger.
***. Background:**
- Provide a brief background of the current custody arrangement and any relevant history.
***. Specific Incidents:**
- **Incident *:** Describe the relocation without court approval in *. Include dates and details.
- **Incident *:** Detail the unlawful withholding and out-of-state travel in *.
- **Incident *:** Provide specific examples of psychological and emotional abuse by her father and stepmother. Include quotes and context.
- **Incident *:** Mention any incidents of medical neglect, such as untreated injuries or illnesses.
- **Incident *:** Describe the recent CPS involvement and subsequent worsening of abuse.
***. Evidence:**
- Mention any supporting evidence you have, such as text messages, medical records, or photos.
- Highlight your daughter’s testimony and how she communicates with you secretly.
***.

What’s #*?

Desiree, here's the continuation of the emergency custody declaration outline:

~Emergency Custody Declaration Outline~##
***. Immediate Risk to Your Daughter:**
- Clearly state the immediate risks to your daughter’s safety and well-being.
- Explain how the ongoing abuse and neglect are affecting her mental, emotional, and physical health.
***. Request:**
- Conclude with a clear request for the court to grant you emergency custody.
- Emphasize the urgency due to the immediate danger and the need for your daughter's protection.
Would you like more detailed guidance on any section or to review a draft of your declaration?

What’s the best way to word the pleadings so that the judge will take me seriously and grant this emergency custody? Won’t he want to know a bit about me too like where he’s sending my daughter if he does grant it? I’m a certified recovery coach and a peer recovery support specialist in wv and also certified in trauma informed care, I live alone and I’m not in a romantic relationship nor will I be as my focus is solely on my daughter and her age it’s vital she have my time and attention as the biggest influence on a child is the same sex parent, I live in a two bedroom house and she has two dogs and two birds that she loves and her big sister is * and she lives local and is a registered nurse in the ICU at our local hospital here and they have a very close relationship and have both been traumatized by the separation which I can prove in my text message evidence from years ago, my extended family lives local and the fathers extended family also lives local to me and not him, I have a good relationship with his family (his mother and sister and nieces and nephews who are her cousins and they are all very close to our daughter and I recently spoke with his mother and sister last min th and they both offered to help me with any I needed help with in regards to our daughter like childcare and things), so that shows I’m able to foster healthly relationships and have a big willingness to coparent and all that, bc I know the value and importance of a child having the freedom to love her entire family and the security to be loved by them all too.

Desiree, here's how to effectively word your pleadings to ensure the judge takes your case seriously and understands your qualifications and the environment you can provide for your daughter:

Emergency Custody Petition Declaration
***. Introduction:**
- My name is Desiree Reincke, and I am the mother of [Daughter's Name]. I am filing this declaration in support of my emergency custody petition due to the immediate danger my daughter is facing.
***. Background:**
- My daughter currently resides with her father in Lancaster County, Pennsylvania, under a shared legal custody arrangement. I have partial physical custody.
***. Specific Incidents:**
- **Incident *:** In *, her father relocated without court approval, violating our custody order. My daughter contacted me, expressing distress and desire to return.
- **Incident *:** In *, her father unlawfully withheld her for extended periods and traveled out of state, amounting to parental kidnapping.
- **Incident *:** She has been subjected to severe psychological and emotional abuse by her father and stepmother, including disparaging remarks about me and isolating her from communication with me.
- **Incident *:** There have been multiple instances of medical neglect

Can you continue?

Desiree, I'll continue with the remaining sections of your declaration:
***. Specific Incidents (continued):**
- **Incident *:** There have been multiple instances of medical neglect, such as untreated injuries and illnesses (e.g., a broken finger and a severe burn).
***. Evidence:**
- I have text messages, medical records, and photos supporting my claims.
- My daughter has secretly communicated with me via text on Pinterest, expressing her distress and fear.
***. Immediate Risk to Your Daughter:**
- The ongoing abuse and neglect are severely impacting her mental, emotional, and physical health.
- She has shown signs of self-harm and expressed fear of further punishment if the abuse is disclosed.
***. My Qualifications and Environment:**
- I am a certified recovery coach and peer recovery support specialist in West Virginia, certified in trauma-informed care.
- I live alone in a two-bedroom house, providing a stable and nurturing environment.
- My daughter will have her own room, two dogs, and two birds she loves.
- Her older sister, a registered nurse, lives nearby and shares a close relationship with her.
- I have strong support from both my extended family and her father's family,

Can you continue the rest?

Certainly, Desiree. Here’s the continuation of your declaration:
***. My Qualifications and Environment (continued):**
- I have a good relationship with her father's family, who live locally and have offered their support.
- I am committed to fostering healthy relationships and co-parenting, ensuring my daughter has the freedom to love and be loved by her entire family.
***. Request:**
- Given the immediate danger and ongoing abuse, I respectfully request the court to grant me emergency custody of my daughter to ensure her safety and well-being.
- I am prepared to provide a stable, nurturing, and supportive environment that prioritizes her mental, emotional, and physical health.
Would you like more help with any other aspect of the filing process?

Yes what’s the best way to describe to the judge why the custody needs to change and what will happen if he didn’t grant me primary custody

Desiree, here’s how to effectively communicate the need for a custody change and the potential consequences if primary custody isn't granted:

Explaining the Need for Custody Change:
*. **Introduction:**
- Clearly state your daughter's current living situation and your concern for her well-being.
*. **Specific Incidents of Abuse and Neglect:**
- Detail the incidents of psychological and emotional abuse by her father and stepmother.
- Highlight instances of medical neglect and unlawful withholding of your daughter.
- Provide evidence of these incidents, such as text messages, medical records, and your daughter’s statements.
*. **Impact on Your Daughter:**
- Describe the negative effects on her mental, emotional, and physical health, such as self-harm and fear of punishment.
- Mention any professional observations or reports, such as those from school counselors or healthcare providers.
*. **Immediate Danger:**
- Emphasize the urgency of the situation and the immediate risk to your daughter's safety and well-being.

Consequences of Not Granting Primary Custody:
*. **Continued Abuse and Neglect:**
- Explain that without a custody change, your daughter will continue to suffer from abuse and neglect.
- Detail how the ongoing

What about including that I already spoke with the middle school here and it’s exactly * blocks from my home and they can and will enroll her as soon as the very next day upon her arrival & that I have her set up with licensed therapists and a psychologist as well. Father recently put her in anxiety medication against her wishes and so this shows he’s acknowledging the anxiety is severe but he never discussed this with me nor did the school counselor that suggested she take it she only called the father and has still yet to call me despite my few attempts at leaving her messages to call me as well. This is a violation you bc we have a standing order and as a psychologist she should know this and I believe the father has misled her into thinking I’m not involved in her life because my daughter has also told me many times she feels like the therapist at school doesn’t like me bc she tried to make me not talk about you and when I talk about living with you she tries to get me to accept the fact that I never will so why would she say this and how do I present this to the judge

Desiree, here's how to incorporate these details into your declaration effectively:

Can you continue with the rest of the declaration it only went to incident number five and stopped

Certainly, Desiree. Here is the continuation of your declaration:
***. Specific Incidents (continued):**
- **Incident *:** Recently, CPS was involved due to suspected abuse reported by the school counselor. The abuse has worsened since then, with increased psychological abuse and threats.
- **Incident *:** Despite severe anxiety acknowledged by the father, he started her on anxiety medication without consulting me, violating our shared legal custody agreement.
- **Incident *:** The school therapist has been misled by the father, resulting in a biased approach that discourages my daughter from expressing her desire to live with me.
***. Evidence:**
- I have text messages, medical records, and photos supporting my claims.
- My daughter has secretly communicated with me via text on Pinterest, expressing her distress and fear.
***. Immediate Risk to Your Daughter:**
- The ongoing abuse and neglect are severely impacting her mental, emotional, and physical health.
- She has shown signs of self-harm and expressed fear of further punishment if the abuse is disclosed.
***. My Qualifications and Environment:**
- I am a certified recovery coach and peer recovery support specialist in West Virginia, certified in trauma-informed care.
-

Emergency Custody Filing Steps

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Lancaster County Court of Common Pleas

Lancaster County Court of Common Pleas

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