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I currently have emergency custody of my 12 year old son…

Customer Question
I currently have emergency...

I currently have emergency custody of my 12 year old son because his dad is currently under child protective services investigation for alleged child abuse against our son. All I have is my son's words and the cys report. Do I stand a chance in court without a lawyer?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We have 50/50 custody that was established in 2015. I have emergency custody and our hearing is April 2nd. My son has spoken to his school counselor and principal about what has been going on but I do not have statements from them.

Lawyer's Assistant: Family law varies by state. What state are you in?

Pennsylvania

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I covered it all.

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
3/30/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 5 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,563
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As far as permanently changing custody, it all depends on the outcome of the child protection investigation. If it is merely the word of your son without more evidence, then CPS may not be able to conclude the father committed any abusive acts. If CPS cannot prove your the father committed any abusive acts there is insufficient change in circumstances to change the custody.

If it comes to there being a finding of abuse against the father, then yes, you should have a local attorney to assist you in getting the custody changed based on that finding. However, you will require a finding against the father before you will get a permanent custody change.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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