Legal Question in Family Law in Pennsylvania

You cousin could file a Petition for Custody if he/she never had custody, or if he/she has court ordered custody from a previous Order, could file a Petition for Contempt or Modification of the existing Order.

Depending on the county, there may a Master's Hearing first where the Master makes a recommendation based on the parties evidence. If both parties agree with the recommendation, an Order would be entered and become enforceable. If one or both of the parties disagree, it would be re-listed before a Judge whom would give deference to the Master's recommendation.

It usually takes several months to get to that stage. However, if the circumstances that warrant it, the above Petitions could be filed as an Emergency to fast track the process and get a hearing which would be before a Judge first sooner.

It is best for your cousin to have legal representation, especially if the party he/she is seeking custody against has counsel. There are legal arguments and procedures that need to be advanced in order to increase his/her chances of prevailing.

David M. Kaplan, Esquire

Affordable Legal Center, LLC

2448 Cottman Avenue

Philadelphia, PA 19149

t-215-333-LAWS (5297)

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