Q: I got emergency custody of kids bc father went to jail. We have a modification hearing this week if he's looking at 5yrs
A: The Court will be more interested in what sentence your children's father actually receives, and less so what he's "looking at." For instance, first-degree misdemeanors in Pennsylvania carry a maximum sentence of 5 years in jail, but many defendants so charged receive only probation sentences and serve little or even no jail time. So you may continue to enjoy emergency custody while he's in jail and before his sentencing, but things may change after sentencing -- or not, if he ends up staying in jail.
Most importantly, the Court will make its decision based on the "best interests" of your children, and not the best interests of the parents. The Court has a list of statutory factors it will consider, and it will do so on the record.
Best of luck to you.
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