What is considered an “Emergency” in a custody case?

At the end of June, tabloid news highlighted custody litigation between actress Christina Ricci and her former spouse. Specifically, Ricci’s ex sought “Emergency Custody” of their 11-year old son following receipt of text messages that Ricci had consumed alcohol on a flight in their son’s presence. The emergency petition was ultimately denied. While there is likely more information than what has been shared with the public, this incident begs the question – what does rise to the level of an emergency in custody cases? Family law attorneys regularly receive phone calls from panicked parents. While practitioners appreciate the sensitive nature of custody cases and a parent’s commitment to their child’s safety, it’s important to understand what is an emergency and what is not.

Emergency Custody

Most counties in Southeastern Pennsylvania are experiencing backlogs and delays in custody cases. Emergency filings are reserved for those who truly cannot wait in line and for parents who are unable to resolve disputes with or without the assistance of their attorneys.

Mere alcohol use is generally not considered an emergency, no matter what county your case is in.

Many custody orders include form language that neither parent should be under the influence of drugs or alcohol during their custodial time; it may seem obvious, but the Courts believe it bears repeating. If a parent is charged with a DUI during their custodial time or otherwise, that may be considered an emergency, especially if a child/children are in the vehicle. As a practical matter, attorneys in this situation would likely counsel the parent with the DUI to agree to supervised custody while the DUI concerns are addressed. Emergency matters are fact-specific and generally require a legitimate threat to the safety and welfare of a child/children.

There are matters that may rise to the level of an emergency without the need for showing actual harm or substance abuse. For example, if one parent learns that the other parent is planning to travel internationally and they no longer consent to the trip (or never provided consent), then emergency intervention may be necessary, depending on when the trip is scheduled to take place.  It is important to keep in mind that mere disagreement does not necessarily justify the opposition to travel.

Expedited Relief

You may be thinking, what about the issues that may not be an emergency but require quick attention and cannot wait to be heard? Depending on the issue in dispute, you may be able to seek “expedited relief,” which is best described as not immediate but faster than the regular course. Issues that require expedited relief are generally very narrow, and the Courts will address them on a limited basis. Examples include school choice and requests for counseling.

In Pennsylvania, each County has different procedures for custody cases. It is important to consult with an attorney who is familiar with your county and the best way to handle any emergent concerns. The family law group at Obermayer has attorneys across the Commonwealth who are available to help with your custody needs.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.