You need a lawyer. There is no simple answer to your question. I would want to see the papers that were filed and the basis for the emergency custody. Was it done through a custody process or was there even a custody order in place? Is there a Protection from Abuse action pending.
The answers you want are pretty much determined by the specific facts of the case. There are situations where this can happen and others when it happens but it can be challenged. Custody cases focus on the best interests of the child.
Penelope A. Boyd
610-692-3400
www.penelopeboydlaw.com
Answered on Dec 27th, 2012 at 12:22 AM