hello, i would like to know if i can file for emergency custody if my sons father is stating he is not giving my son back.

Emergency custody actions are reserved for situations where there is an immediate need for a temporary order to protect the best interests of the child. That could include need to go back to school or an attempt to relocate the child without court permission as is required under the custody statute.   Custody actions are very fact-specific, so it is hard to give you a concrete answer.  You should try to speak with an attorney today about your situation.  You may not be able to get your son returned as soon as you want, but you need to start as soon as you can so father cannot argue you agreed.  Also, you need a custody order in place (even if it is the same agreement you had notarized) so that it is enforceable. As to the move, if you have not been living with your child in Pennsylvania for the last six months, it will make your custody action more complex. But that is another reason to consult a lawyer. Penelope A. Boyd 610-692-3400 www.penelopeboydlaw.com