Philadelphia Child Custody Attorney

When it comes to child custody, there are three main types: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.

  1. Legal Custody: This refers to the right to make decisions about a child’s life. Typically, legal custody is shared between parents, even after a divorce or separation.
  2. Physical Custody: This involves the actual care and control of the child, meaning where the child physically lives and is cared for on a day-to-day basis.
  3. Shared Custody: Custody can either be sole (one parent has full custody) or shared (both parents have joint custody). Shared custody can apply to legal or physical custody, or both. Most cases involve shared legal custody.

Jurisdiction for Child Custody:

Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to prevent jurisdictional conflicts between states regarding custody and visitation issues. This law helps determine the child’s “home state,” which holds exclusive jurisdiction over custody matters.

  1. The home state is typically the state where the child has lived for the last six months before the custody process begins.
  2. If no state meets this criteria, the state where the child lived within the past six months, provided one parent still resides there, may have jurisdiction.
  3. If no state qualifies, a court in another state with substantial evidence related to the child’s care can assume jurisdiction.

Exclusive Continuing Jurisdiction:

The court that makes the initial custody ruling retains jurisdiction unless:

  1. Neither parent nor the child resides in that state anymore.
  2. The child no longer has a significant connection to that state.

Declining Jurisdiction:

A court with proper jurisdiction may still choose not to exercise it if it is inconvenient. The following factors might influence this decision:

  1. Domestic violence concerns in relation to the state best suited to protect the child.
  2. The length of time the child has lived outside Philadelphia.
  3. Distance between the Philadelphia court and the alternative court.
  4. The financial situations of the parties involved.
  5. Agreements about jurisdiction between the parties.
  6. The location and availability of relevant evidence.
  7. The speed at which each court can resolve the case.
  8. Whether one court is more familiar with the details of the case.
  9. The wrongful removal of a child from another state.

Temporary Emergency Jurisdiction:

A court may assume emergency jurisdiction temporarily if the child is in immediate danger or is at risk of abuse.

Enforcement of Custody Orders from Other States:

To enforce a custody order from another state in Philadelphia, it can be registered with or without a request for enforcement. The court may then provide relief according to the registered order.

Expedited Enforcement:

A hearing must occur on the first judicial day after the order is served for expedited enforcement. Immediate physical custody may be granted unless:

  1. The order was not properly registered.
  2. The issuing court did not have jurisdiction.
  3. The order was stayed or vacated.
  4. The respondent was not properly notified before the order.
  5. The order was stayed or vacated after being registered.

Best Interests of the Child:

The court makes decisions based on what is in the best interest of the child, assuming the parents are in the best position to care for the child unless proven otherwise. There is no longer a presumption in favor of the mother, even for younger children. The primary caretaker, or the parent who has been primarily responsible for the child’s day-to-day care, is an important consideration.

Factors the Court Considers:

Several factors influence the court’s decision about what is best for the child:

  1. Which parent is more likely to promote ongoing contact between the child and the other parent.
  2. Abuse history within the household.
  3. Parental responsibilities.
  4. The need for stability in the child’s life.
  5. The availability of extended family support.
  6. The child’s relationship with siblings.
  7. The child’s preferences based on maturity.
  8. Parental attempts to turn the child against the other parent, unless there is domestic violence.
  9. Which parent is likely to provide a stable, nurturing relationship.
  10. Which parent is more able to meet the child’s physical, emotional, and developmental needs.
  11. The proximity of the parents’ residences.
  12. Each parent’s ability to care for the child or arrange suitable care.

Additional factors may include the level of conflict between parents, any history of drug or alcohol abuse, the mental and physical health of the parents, and any other relevant factors.

Federal Parental Kidnapping Prevention Act:

This law mandates that states recognize another state’s child custody determination if jurisdiction is valid. States must comply with this act to give full faith and credit to custody decisions. Emergency jurisdiction under this law is treated as continuing rather than temporary.

Additional Considerations in Custody Decisions:

  • Race, religion, gender, or prior sexual conduct cannot be factors in custody decisions.
  • The court must explain its reasoning for the custody decision in writing or on the record.

About Divorce Lawyer R. Badet:

R. Badet is an experienced divorce and child custody attorney serving clients throughout Philadelphia and surrounding counties. His expertise includes handling complex divorce and child custody cases, alimony, child support, and more. He is committed to obtaining the best possible results for his clients. For more information or a free consultation, visit his website or call his office at 267-277-2641.

If you’re searching for a divorce or child custody lawyer in Philadelphia, Delaware, Bucks, or Montgomery counties, R. Badet is ready to help.