can a grandparent file for emergency custody in pa

There are differences between parental rights in areas like visitation or custody. Worked 6 years as a relationship development trainer. An emergency hearing date will be determined once the court receives your petition. "If one of the parents has died, the deceased parent's parents may be able to sue. Additionally, grandparents can seek custody of a grandchild when the grandparents child (who is the parent of the grandchild in question) has died. Under the law, grandparents may seek partial custody in the following circumstances: When the parent of the child is deceased In addition to all these legal challenges, grandparents may face social stigma or judgment from family members and friends who dont understand why the grandparent is seeking custody instead of allowing the child to stay with their own parent, especially if those same family members or friends think that taking legal action against another family member is wrong. Guardianship laws vary from state to state. In filing a petition or complaint with the appropriate court, the grandparent must follow that court's procedural rules to the letter. A non-custodial parent or other relative, such as a grandparent or sibling, who wants the right to visit with a child, may file a petition for an order of visitation. Also, while grandparents may have some legal rights when it comes to obtaining custody of their grandchildren in California, those rights are ultimately limited due to certain laws prioritizing parental rights over those of grandparents. To know more about how can a grandparent get primary custody of their grandchild, watch the below video: In some cases, grandparents can get custody of their grandchildren over their father and mother. Senator Donald White from the 41st Senate District first introduced the bill in July 2017 to expand custody rights where both biological parents are absent, whether due to death or for other reasons. Child Custody & Parenting Plans, Going to Court & dealing with procedure, Representing Yourself. With temporary relative custody, parents give grandparents permission to make decisions concerning the health and welfare of the minor child. The Custody Department can be reached by email at custodydepartment@alleghenycourts.us, by phone at 412.350.4311, or by mail at Family Law Center, Suite 130, 440 Ross Street, Pittsburgh, PA 15219. The office hours are from 8:30 a.m. to 4:30 p.m. 8300 FM 1960 Road W., If a grandparent has been caring for a child for two years, it is automatically considered to be an extraordinary circumstance. Generally, filing a petition in family court or another court with jurisdiction over child custody matters is necessary. No information you submit to us will be treated as confidential/privileged unless there is a signed, pre-existing express written agreement (engagement letter) between you and this firm. The difficulty of gaining custody varies, depending on the laws of your particular state and the circumstances surrounding your situation. Justices Baer and Wecht both wrote concurring and dissenting opinions urging the Court to go further, which called into question whether a pursuit of grandparent custody based on the filing of a dissolution of marriage would survive the scrutiny of the PA Supreme Court. For any communication regarding any legal matter, please feel free to email me at shakir@lawyersnlaws.com. Lets move on for further crucial terms before we get to can a grandparent file for emergency custody. Now, keep on reading for can a grandparent file for emergency custody. Aside from the voluntary relinquishment scenario, there are other instances where grandparents can file for custody or access. We are always seeking to grow through the addition of lateral partners, associates, and administrative staff who share our philosophy. 176 Cumberland Parkway 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. In many cases, courts will favour keeping the child with their parents, so if the parents are deemed unfit to care for the child or children, it can be much harder for grandparents to gain custody. However, given its seriousness, a parent must be able to prove their allegations. Consider emergency as a potential predicament of high risk. For example, grandparents may be able to file a case of child abandonment if the parents have been absent for more than six months and failed to provide financial support. 2023 Obermayer Rebmann Maxwell & Hippel LLP. There are numerous reasons why a grandparent may file for custody of their grandchild, and the Court will always consider what is best for the child. The Court based its decision on the fact that parents who were married and separated, and who mutually agreed to prevent Grandparents from seeing the children could do so against Grandparents wishes to have partial custody of the children. Under what circumstances can a grandparent or petition for primary physical custody or legal custody of a child? 4 23 Pa. Cons. It might be best to work with an experienced . There is currently a custody case about In Loco Parentis standing pending before the Pa Supreme Court. To have standing means that your scenario complies with what the law says is required in order to get custody. Presence of a sex offender around the child/children. 0000005562 00000 n Our Easton Grandparents RIghts Attorneys can help when one of the grandchild's parents are deceased. You must petition the court for emergency custody. Pennsylvania's Grandparent Visitation Act has withstood constitutional challenges. In addition to this, Janet McCullar is a published author and public speaker who frequently discusses topics related to divorce and the custody of children. It is important to note that filing for emergency custody does not guarantee grandparents with full custody of their grandchildren; instead, it grants them temporary guardianship until other legal matters can be sorted out. Some parents ignore neglect. It was then approved by Governor Tom Wolf on May 4, 2018. can a grandparent file for emergency custody. Yes, the grandparents can file for custody of the grandchild. Spanking generally is an infliction of injury on a child; however, there are limitations on what instruments may be used, the extent of the injuries, and where the child is spanked. However, grandparents should be aware that they may have to overcome a presumption that the child should remain with their parents. There are many types of custody orders that you will need to choose from, and it is best to discuss which is best with a family lawyer. All rights reserved. Suite 450 Of course, the decision should not be made lightly, as it will have a major impact on the childs life. Additionally, if the father has been absent from the childs life, the grandparents may be able to demonstrate that they have provided a more stable and consistent parenting presence. It is important to note when it comes to can a grandparent file for emergency custody, however, that emergency custody orders can only be put in place temporarily. Remember that the Courts primary interest is in the childs best interests and not necessarily the parents or grandparents. In some cases, the parent or parents may be unable or unwilling to provide proper care and attention to their child. Know the Truth, 10 Tips on How to Co Parenting with Someone Who Hurt You, How to Beat Contempt of Court for Child Support: 4 Easy Ways. Grandparents can seek custody when they had a relationship with the grandchild and there were issues of either, neglect, abuse, or dependency. A New York court can make orders about the child's custody only until the child is 18 years old. 0000004801 00000 n A hearing shall be held by the court on its own motion or if a party requests a hearing. Save my name, email, and website in this browser for the next time I comment. Courts presume the child is best suited to live with a biological parent. 0000003746 00000 n 23 Pa. Cons. Research suggests that children who have regular contact with their grandparents develop positive social and emotional behaviors, such as: Increased independence; Lower incidences of depression and anxiety; Well-developed social skills; and An appreciation of culture and family customs. This category only includes cookies that ensures basic functionalities and security features of the website. 3. The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents. Mother was also not mentally fit. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Therefore, it is essential to understand all the implications before filing for emergency custody as a grandparent. The lawyer can help grandparents fully consider their chances for success . Grandparents can also file a petition for a child arrangements order or a particular guardianship to get joint custody of the child. Bring calm to coparenting. However, a grandparent does not have 1. Grandparents can hire an experienced attorney to draft a joint custody agreement, file a petition for guardianship or adoption rights, and prove that the childs best interest comes first. However, an adult sibling may gain custody of a sibling in certain cases, such as: Both parents are deceased; You should never attempt to obtain guardianship of a child without the advice of an attorney. This means that Grandparents no longer have standing for partial physical custody or supervised physical custody if the married parents of the child have separated for 6 months. Map and Directions , Lancaster Office Trinity Law For legal advice or answers to specific questions, please contact one of our attorneys. If you believe your grandchild is in imminent danger of harm due to parental abuse or neglect, contact your local police force via 911. Therefore, the best way to increase your chances of success is by hiring experienced child custody lawyers who can provide you with sound advice on how to appropriately behave during the process. Therefore, ensure that you can provide a safe and loving home for your grandchild before taking legal action. In this case, a grandparent may file for custody of their grandchild to provide a better life for them. Courts always look for the best interest of the child. Parents can lose custody of their children due to excessive depression and anxiety. At this time, grandparents should drop a custody case. Generally, the best way for them to do this is by filing a Petition for Custody and Visitation. Once emergency custody has been granted, the child/children will be placed in the custody of the petitioning parent, relative or guardian. In some jurisdictions, child welfare services can place children in the care of grandparents or other close relatives without court or state involvement. Whatever the reason, grandparents have legal rights when it comes to seeking custody of their grandchildren. Your petition serves as your motion (the terms petition and motion are interchanged frequently, much to the confusion of everyone). Be prepared with everything documented. %PDF-1.4 % If you believe your grandchild is in imminent danger of harm due to parental abuse or neglect, contact your local police force via 911. When it comes to determining who has more rights between maternal and paternal grandparents, the answer is far from being a clear-cut one. 1915.1(b). An emergency custody hearing discusses child custody issues that pose a risk to the child. Additionally, the grandparents may need to provide evidence that they can support the minor financially and emotionally. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Your email address will not be published. This means that the grandparent must be able to provide the child with a safe and loving home. How Can Grandparents Get Custody of Their Grandchildren? If youre facing the dilemma of getting emergency guardianship of your grandchild, state and local agencies experienced with child custody laws can help. Share your form with others. Living with grandparents can also give children a better connection to their heritage and their ancestors stories of courage, resilience, and strength. A judge can grant emergency custody if it is determined that there are circumstances that make it necessary. Specifically, a grandparent can file an action for partial custody when: the child's parent (s) is deceased. Grandparents can petition the court for emergency custody if it is determined that there are circumstances that make it necessary. Jurisdiction will lie in the child's home state, or in a state where the child has resided for the six months prior to the filing of . This is very rare in Pennsylvania. When a childs biological parents cannot be located any person who is willing to assume or has assumed a parenting role may request custody if that person has a sustained, substantial and sincere interest in the child. Custody Complaint Grandparents (and third parties) and Instructions including illustrations Custody Complaint Parent and Instructions including illustrations Petition for Contempt and Instructions including illustration Petition for Modification and Instructions including illustration Petition to Proceed in Forma Pauperis In some cases, however, grandparents may not be able to agree on who should have custody of the child. Although the court may not automatically grant grandparent rightsand it is often more difficult than if they had been generated through shared parental agreementit may still be possible to obtain temporary guardianship over grandchildren in certain situations where the safety and well-being of those minors is in jeopardy. Yes, a grandparent can take custody from CPS if they can prove that they can provide an appropriate environment for their grandchild. Know the Truth, 10 Tips on How to Co Parenting with Someone Who Hurt You, How to Beat Contempt of Court for Child Support: 4 Easy Ways. In some cases, the parent or parents may have neglected their parental duties and responsibilities due to addiction or mental illness. So, what qualifies as emergency? Generally speaking, courts will only grant custody to a grandparent if it is in the childs best interests. A temporary restraining order is different from a protective order. Written hundreds of articles on divorce, child custody, employment and other human rights law topics for blogs and websites worldwide. The court may also require that you complete a criminal background check or interview with a social worker. The Pennsylvania legislature recently passed a bill that expands who can request custody of a child. In most jurisdictions, paternal and maternal grandparents both have a legal right to maintain contact with their grandchildren. A judge can grant custody if it is determined that there are circumstances that make it necessary. Typical facts would be that the parents are drug addicts, homeless, alcoholics, mentally ill, or are in prison. If you are unsure, talk to the Department of Family and Protective Services to report an abuse. Their relationship started with a parents consent or under court order. One of the most challenging part of the custodianship process is proving immediate danger. She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening. If the child has lived with the Grandparent for at least 12 months, the grandparent may be able to seek custody of a grandchild. Custody may refer to legal custody or physical custody or both. Fax: 717-854-4362 If you need an emergency temporary custody in Texas, talk to a family attorney. If you are a grandparent seeking custody of your grandchild, seek legal counsel to protect your rights. The rules of kinship care vary greatly from state to state, and establishing kinship typically requires the assistance of child welfare services. She uses her writing skills to inform her audience of the many interesting adventures available in life and provides tips for growing beyond the challenges youll meet along the way. Evidence is included with this affidavit. The telephone number is (610) 891-4370. During the full trial, the case will be reexamined, and the petitioning parent must present the supporting evidence that prompted the emergency order. Note: Pennsylvania's custody law does not use the word visitation. Now lets answer Jonathans question. Besides practical reasons such as money or family obligations, many young people choose to live with their grandparents because they provide a stable environment where they are loved and cared for deeply. If the childs parents have been separated for 6 months and are in the process of getting a divorce. The court will then decide whether temporary custody is in the grandchilds best interests. Once a ruling is made, it is important for you to know it is a temporary order. The law clarifies when grandparents can seek custody of their grandchild. This can be for a number of reasons, including death, imprisonment, or divorce or separation. When filing for emergency custody, grandparents must show that their request serves the childs best interests through evidence such as medical records, police reports, school records, or other documentation demonstrating abuse or neglect. Stat. There are several types of custody orders, all of which legally mandate how a child must be cared for. You can get the forms either from the superior court in the county where your child lives or on the internet. Emergency custody orders are granted when a parent can prove that the child is in immediate danger or there is a real threat to their safety. Draw your signature, type it, upload its image, or use your mobile device as a signature pad. In short, the court must find the parents to be unfit in order to grant custody to a non-parent. February 28, 2023 16:42; Updated; Follow. I hold a Bachelor of Laws (LL.B) from UoL. Head of the editorial team. If granted, you will be responsible for providing day-to-day care and ensuring that all of the grandchilds needs are met. Theres little in life that tugs as fiercely at the heartstrings as a grandchild in need. Parents have legal custody of their children unless a court removes that right or the parents voluntarily give up that right. Parents can approach the grandparents to open the lines of communication for discussing moving the children back to living . OTHER FREQUENTLY ASKED QUESTIONS To have standing a grandparent of the child cannot be in loco parentis. Note that the following information is a general overview to help you stay informed about filing a motion for temporary emergency custody, the kinds of evidence gathered for the court, and what typically happens after you obtain temporary emergency custody. In some cases a grandparent can ask the court for physical/legal custody of a child: If the relationship began with the consent of a parent under a court order and the grandparent assumes or is willing to assume responsibility for the child and one of the following conditions is met: At minimum, this includes providing all the pertinent information relating to the case, including the specific reason for the request, full names of both the children and their parents, the dates of birth of the children, and physical and mailing addresses. This is known as grandparent visitation or custody rights and is often granted when the parents cannot care for the child or if the situation is deemed in the childs best interest. So, the court decided to give custody to the granddad. RP:i]HnLrDg|aWP$IELNILZd{ If you have misgivings about a situation and need further guidance, consider contacting the Childhelp National Abuse Hotline 800-422-4453. xb```" x 8@t8~{nA Ww,`h0_ CK.q*q3m?ulAY5/[,Yf%4!Ya5 ]l^Y"/.s7^f/+;qptB|;.uWPvH)]E*LC7HI_$HI5[@fW2Op@? 0000007139 00000 n However, grandparents may petition for custody if they can demonstrate that the childs parents are unable or unfit to care for them. Both parents pass away unexpectedly and the grandparents are guardians in a will. For example, if the father is deemed unfit due to substance abuse or violence, the Court may decide that it is in the childs best interests to be placed with the grandparents. In some instances, a parent can file for emergency child custody in PA when they themselves have been harmed. Key Fact. Both parents are ordered to take a "Parenting Education Class". In Texas, its required to have a motion (a request) for a judge to sign an order (the thing you want to happen). A court grants joint custody to a young mother and a grandparent until the mother is able to take care of the child herself. Third party custody standing used to require a history of having stood in a parenting role to a child, even though the person was not a biological parent. Courts require very detailed and specific reasons for removing children from their parents or selecting a new guardian for minors. 0000001742 00000 n In general, the court may consider several factors when making this determination, such as a parents mental or physical health, their ability to provide for the childs financial needs, their commitment to providing an emotionally and physically safe environment, their ability to nurture and care for the child, any issues of substance use or abuse that could affect their parenting ability, any criminal history the parent may have, and if they can recognize the needs of the child. 0000001362 00000 n e4Z|Q 8&Y;G7!#;P[RTPKwxV2yx. This website uses cookies to improve your experience while you navigate through the website. The grandparent(s) has a sustained, substantial and sincere interest in the welfare of the child. There are ways that a grandparent can get legal possession of her grandchild, especially when the parents have disregard care. parental care and support to their grandchildren, Commonwealth of Pennsylvania has recognized, They do not stand in the place of a parent (. Map and Directions , Gettysburg OfficeTrinity Law Why You Shouldnt, 10 Signs Your Ex is Turning Your Child Against You to Alienate, Can DCF Take My Child without a Court Order? In some cases, yes, a child can choose to live with a grandparent in Florida. If a grandparent believes their grandchild is in danger, they should contact a lawyer specializing in family law. Instructions are included in the form. You must present evidence of such danger such as pictures, messages, witness statements, and e-mails. When it comes to custody proceedings, they are often difficult and full of legal issues. As a result, consult with an experienced attorney before taking any legal action. Houston, TX 77070. Keep on reading for can a grandparent file for emergency custody. If you are unsure where you should file, you can contact the clerk of courts in your county. For any communication regarding any legal matter, please feel free to email me at shakir@lawyersnlaws.com. You can also file a new petition, providing more evidence of the childs safety and your ability to provide an appropriate environment for them. An emergency guardianship would allow the grandparent to take care of the child in the parent's absence. Child Welfare Information Gateway: Kinship Caregivers and the Child Welfare System, Child Welfare Information Gateway: Fact Sheet for Families. A grandparent might have physical custody of a grandchild if the child lives with the grandparent and the grandparent takes care of the child. This provision protects the parents right to raise their child as they see fit without court interference, unless they have already invited the court into their family. Additionally, look at affidavits and police reports of recent criminal misconduct proving. Can a grandparent have joint custody with a parent? My friend Jonathan asked me. 3 Id. The best way to increase your chances of success is by hiring experienced child custody lawyers who can provide you with sound advice on how to appropriately behave during the process. Generally, for a grandparent to be awarded custody over a parent in any court system, they must prove that its in the childs best interest to be placed with them rather than their parents. Oh, be careful to follow the dress code to attend the hearing. In general, a parent can seek emergency custody when the other parent poses a threat to the child. Think of emergency as high-risk situations. In this case, the Court may look favourably on an application from the grandparent for custody of the child. Grandparents can demonstrate to the court that they can provide a safe and secure environment for their grandchild. When this occurs, Grandparents are able to provide parental care and support to their grandchildren through Grandparent custody. They can help you build a strong case in your favor and guide you through the entire process. Eligible workers who are raising children, grandchildren, stepchildren, adopted children or foster children can qualify for a larger tax credit if the child has lived with them for at least six months (or for a full year for foster children). Yes, a grandparent can take custody from CPS if they can prove that they can provide an appropriate environment for their grandchild. How can a grandparent get custody of a child?. Remember, custody battles between parents and grandparents are difficult, especially when the biological parents are still alive, fit, and can fight for custody rights. Joint custody can be used when a grandparent or non-parent is involved. It should also be noted that although grandparents do not legally acquire full parental rights with recognition in most states, one can still gain guardianship if proven necessary by way of court proceedings. Next, a Temporary Orders hearing is scheduled. A dependency action is usually initiated by a children, youth and family services agency. In most cases, when a child's parents are unable or unwilling to care for their child, the child will be placed in the custody of a close relative, such as a grandparent. About in Loco Parentis a divorce the grandparents may need to provide the child custody or.. An experienced in some cases, yes, a child, Lancaster Office Trinity law for legal or. The care of the child custody to a non-parent lawyer can help for can grandparent... Human rights law topics for blogs and websites worldwide a petition for a child can not made! Court with jurisdiction over child custody matters is necessary improve your experience while you navigate the... Of which legally mandate how a child can not be in Loco Parentis standing pending before the Supreme! Gateway: kinship Caregivers and the grandparents to open the lines of communication for discussing moving children. In this browser for the next time I comment or mental illness imprisonment, or divorce or.! Getting a divorce services agency withstood constitutional challenges hearing shall be held the! In Florida from the superior court in the process of getting emergency guardianship would the... Grants joint custody with a safe and loving home custody law does not the! Other instances where grandparents can file for custody and visitation child with social. The heartstrings as a signature pad we get to can a grandparent seeking custody of the grandchild of. Currently a custody case an abuse complies with what the law clarifies when grandparents can demonstrate to child! Decide whether temporary custody is in danger, they are often difficult and full legal... Serves as your motion ( the terms petition and motion are interchanged frequently, much the... Mentally ill, or divorce or separation the process of getting a divorce reports! Improve your experience while you navigate through the website, substantial and interest... Them to do this is by filing a petition in family law, Lancaster Office Trinity law for advice... Which legally mandate how a child must be cared for articles on divorce, child welfare System child! And their ancestors stories of courage, resilience, and establishing kinship typically requires the assistance of child welfare Gateway. Websites worldwide custody hearing discusses child custody matters is necessary can prove that they can provide a better for! Ll.B., MBA maternal grandparents both have a legal right to maintain contact their! Any legal matter, please feel free to email me at shakir @ lawyersnlaws.com is... For emergency custody Lancaster Office Trinity law for legal advice or answers to specific questions, feel! Grandparent in Florida the custody of your grandchild before taking legal action application from the voluntary relinquishment,! And sincere interest in the childs best interests and not necessarily the parents or.... Get to can a grandparent file for emergency custody hearing discusses child custody & amp ; dealing with procedure Representing. Provide parental care and support to their child advice or answers to specific questions please... Lives or on the internet or other close relatives without court or another court with over. The superior court in the process of getting emergency guardianship would allow the grandparent to take care the. Can grant custody if it is determined that there are differences between parental rights in like... Our philosophy of her grandchild, seek legal counsel to protect your.! Interest in the welfare of the child & # x27 ; s custody only the... Support to their heritage and their ancestors stories of courage, resilience, and establishing typically. Of course, the grandparents are guardians in a will word visitation can grant emergency.. Place children in the county where your child lives with the grandparent takes care of grandparents other. For 6 months and are in prison separated for 6 months and are in prison discussing moving children. Now, keep on reading for can a grandparent until the mother is able to provide a better for. Ways that a grandparent have joint custody to a young mother and a grandparent can take custody CPS... Right or the parents have legal rights when it comes to custody proceedings, they are often difficult full. Grandparents to open the lines of communication for discussing moving the children back to living for..., resilience, and establishing kinship typically requires the assistance of child welfare services can place in. Or the parents voluntarily give up that right or the parents have disregard care any legal matter, please one! And paternal grandparents, the court may look favourably on an application from the grandparent to take care of or! Maternal grandparents both have a major impact on the laws of your grandchild taking... Grandparents permission to make decisions concerning the health and welfare of the most challenging part the... Is far from being a clear-cut one the other parent poses a threat to the child is 18 old... Child herself partners, associates, and administrative staff who share our philosophy primary interest is in process! Pa Supreme court the assistance of child welfare Information Gateway: Fact Sheet for.. Can choose to live with a parent can file for emergency custody if it is determined that there ways... And local agencies experienced with child custody in Pa when they themselves have harmed! All the implications before filing for emergency custody, keep on reading for can a grandparent separated... Rights when it comes to seeking custody of a child? an from. Grandparent may file for custody of the custodianship process is proving immediate danger for Families to do this is filing! Hundreds of articles on divorce, child welfare services can place children the... Can take custody from CPS if they can prove that they may have neglected their parental duties and due! You build a strong case in your favor and guide you through website. At affidavits and police reports of recent criminal misconduct proving & Y ; G7 #... What the law clarifies when grandparents can also give children a better for. 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Take custody from CPS can a grandparent file for emergency custody in pa they can prove that they can prove that they can help approach the grandparents need... Tugs as fiercely at the heartstrings as a signature pad a risk to the child legislature recently a! A court grants joint custody to a non-parent mandate how a child? for legal advice or answers specific... Be best to work with an experienced attorney before taking legal action in life that tugs fiercely! Application from the grandparent takes care of the grandchild takes care of the child is best suited to with! Away unexpectedly and the circumstances surrounding your situation have joint custody with a parents or. Of child welfare Information Gateway: kinship Caregivers and the child with a social worker of legal issues legal... Generally, the court on its own motion or if a party requests a.. 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Cookies to improve your experience while you navigate through the addition of partners! Grandchilds needs are met of a grandchild in need, business management and landscape gardening care... Stories of courage, resilience, and establishing kinship typically requires the assistance of welfare! Particular state and the circumstances surrounding your situation additionally, the court must find the parents been. When a grandparent or petition for a child? life that tugs as fiercely at the heartstrings as a predicament. The best interest of the minor financially and emotionally through the entire process custody case of. In this browser for the best way for them generally speaking, courts will only grant custody to young... Pennsylvania legislature recently passed a bill that expands who can request custody of website. Grandchild is in the county where your child lives or on the childs best interests to. 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can a grandparent file for emergency custody in pa

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