Child custody cases in Philadelphia are based on three types of custody: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: This refers to the right to make significant decisions regarding the child’s life. Typically, legal custody is shared by both parents, even after a marriage ends.
- Physical Custody: This is the right to have actual physical control of the child, such as where the child lives.
- Shared Custody: Custody can be classified as sole (full) or shared. Shared custody can involve either legal or physical custody, or both, with most cases involving shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), designed to avoid legal conflicts across states regarding child custody and visitation, including decisions about initial rulings and modifications. The law provides guidelines for determining the “home state” of the child, which has exclusive jurisdiction over custody issues.
- The “home state” is typically where the child has lived for at least six months before custody proceedings begin.
- If no state meets this requirement, jurisdiction belongs to the state where the child lived during the past six months, as long as one parent or guardian still resides there.
- If no state meets the above criteria, a court in a state where the child has significant ties and substantial evidence relevant to the child’s well-being can make custody decisions.
Exclusive Continuing Jurisdiction:
Once a court issues an initial custody order, it retains jurisdiction unless:
- The parties no longer reside in that state, or
- The child no longer has significant ties to that state, including the absence of relevant evidence.
Declining Jurisdiction:
Even if a court has jurisdiction, it may refuse to exercise it if deemed inconvenient. Factors include:
- Domestic violence concerns,
- Length of time the child has lived outside Philadelphia,
- Distance to the other jurisdiction,
- Financial circumstances of the parties,
- The parties’ jurisdiction agreements,
- Availability of relevant evidence,
- Ability of each court to address the matter promptly,
- Familiarity with the case’s facts and issues,
- The possibility of unjustifiable conduct, such as wrongful child removal.
Temporary Emergency Jurisdiction:
A court may temporarily assume jurisdiction in emergency situations to protect the child from harm or abuse.
Enforcement of Out-of-State Orders:
Out-of-state child custody orders can be enforced in Philadelphia by registering the order and submitting copies to the local court. The court may then grant relief for enforcement.
Expedited Enforcement:
If a custody order is registered, expedited enforcement requires a hearing on the next judicial day after the order is served. Immediate possession of the child is granted unless specific conditions are met, such as improper registration or lack of jurisdiction.
Best Interest of the Child:
The child’s best interest is the primary factor, with a focus on stability, continuity, and the child’s safety. The court will no longer automatically favor the mother for young children and will consider who has been the primary caretaker post-separation.
Factors for Child Custody Decisions:
The court considers many factors to determine the best interests of the child, including:
- Which parent is more likely to encourage and facilitate frequent contact with the other parent,
- Any history of abuse,
- The duties each parent performs for the child,
- The need for stability in the child’s life,
- Availability of extended family,
- The child’s relationships with siblings,
- The child’s preference, based on maturity,
- The impact of parental efforts to alienate the child from the other parent,
- Which parent is more likely to maintain a nurturing relationship,
- Which parent can attend to the child’s daily needs,
- The proximity of both parents’ residences,
- Each parent’s availability to care for the child.
The court also considers factors such as the level of conflict between the parents, substance abuse history, the parents’ physical and mental health, and other relevant factors. Safety concerns are given significant weight, and there is no preference based on gender. The court must explain its decision clearly in a written opinion.
Federal Parental Kidnapping Prevention Act:
This federal law mandates that states must honor valid child custody orders from other states, provided the jurisdiction was proper. Non-compliance results in the failure to enforce out-of-state orders.
Additional Considerations for Child Custody:
- Race, religion, or gender cannot be used as determining factors.
- Prior sexual conduct is not considered.
- Decisions are made based on the child’s well-being, not the parent’s past conduct.
Divorce Lawyer R. Badet
With extensive experience in both divorce and child custody cases, Divorce Lawyer R. Badet is committed to supporting clients throughout the entire legal process. Known in Philadelphia and surrounding counties as an expert in child custody law, he offers assistance with everything from simple divorces to complex custody disputes. Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With years of litigation experience, R. Badet is well-equipped to ensure the best possible outcome for your case. If you’re looking for a divorce lawyer or child custody attorney in Philadelphia, Delaware, Bucks, or Montgomery counties, call Divorce Lawyer R. Badet at 267-277-2641.
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