There are three main types of child custody to understand: (1) Legal Custody; (2) Physical Custody; and (3) Shared Custody.
- Legal Custody: This grants the right to make important decisions about the child’s life, such as education and health. Typically, both parents share legal custody, even after a marriage ends.
- Physical Custody: This refers to the actual physical care and control of the child, meaning where the child lives on a day-to-day basis.
- Shared Custody: Custody can be classified as either sole (full) or shared (joint) custody. Shared custody can apply to either legal, physical, or both types. In most cases, legal custody is shared.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to avoid interstate disputes over custody and visitation. The Act provides rules for determining which state has jurisdiction over the case, focusing on the child’s home state.
- Home State: This is generally the state where the child has lived for the past 6 months before the custody proceedings started.
- If no state meets this requirement, jurisdiction falls to the state where the child lived within the past 6 months, provided one of the parents still resides there.
- If no state has jurisdiction, a court in a state where the child or a parent has significant ties, and where relevant evidence exists, can make or modify a custody order.
Exclusive Continuing Jurisdiction:
The court that initially decides on custody continues to have exclusive jurisdiction unless:
- The parties no longer live in that state.
- The child no longer has significant connections with that state, including evidence pertinent to the case.
Declining Jurisdiction:
Even if a court has jurisdiction, it may decline to use it if it determines that another forum is more appropriate based on various factors, such as:
- Domestic violence concerns related to state protection.
- The child’s time spent outside of Philadelphia.
- The distance between courts.
- The parties’ financial situations.
- Any agreement between the parties on jurisdiction.
- The nature and location of relevant evidence.
- The speed with which each court can handle the case.
- Each court’s familiarity with the facts of the case.
Additionally, a court may decline jurisdiction based on “unjustifiable conduct,” such as wrongful child removal from another state.
Temporary Emergency Jurisdiction:
A court may assume temporary jurisdiction if necessary to protect the child from abuse, either actual or threatened.
Enforcement of Orders from Other States:
Child custody orders from other states can be enforced by registering the order with the appropriate Philadelphia court. This allows the court to enforce the terms of the registered order.
Expedited Enforcement:
Expedited enforcement requires a court appearance on the first judicial day after the order is served. The petitioner may receive immediate physical possession of the child unless the order is improperly registered or another issue arises.
Best Interest of the Child:
The “Best Interest of the Child” standard assumes that parents are best suited to care for their child, unless proven otherwise. There is no longer a presumption favoring the mother in custody decisions. Courts often consider who has been the primary caretaker since separation.
Factors for Child Custody Determination:
Courts consider several factors when determining the child’s best interests, including:
- Which party supports frequent contact between the child and the other parent.
- Any past abuse by a parent or household member.
- The parenting duties carried out by each party.
- The need for stability in the child’s life, including education and family life.
- The availability of extended family and the child’s relationships with siblings.
- The child’s well-reasoned preference, based on maturity.
- Any efforts by a parent to alienate the child from the other parent.
- Which party is more likely to provide a loving, stable, and nurturing relationship.
- The ability of each parent to attend to the child’s daily physical, emotional, and educational needs.
- The proximity of each parent’s residence and their ability to care for the child.
Other Relevant Factors:
- The level of conflict between the parties.
- A history of substance abuse in the household.
- The physical and mental condition of the parents.
- Any other factors deemed relevant by the court.
Federal Parental Kidnapping Prevention Act:
This Act requires that states recognize and enforce child custody determinations made by other states, as long as the jurisdiction is proper. It ensures that custody orders are honored across state lines, similar to the Uniform Child Custody Jurisdiction and Enforcement Act.
Additional Considerations for Custody Awards:
- Race, religion, and prior sexual conduct cannot be determining factors.
- Gender is not a deciding factor in custody decisions.
Divorce Lawyer R. Badet is a skilled divorce and child custody lawyer dedicated to assisting clients throughout the divorce and custody processes. He is well-known in Philadelphia and surrounding areas for handling both simple and complex divorce cases, alimony, child support, and child custody matters. For more information, visit www.lawyersfordivorces.net or call for a free consultation at 267-277-2641. Divorce Lawyer R. Badet has years of experience and is highly respected in both family law and child custody cases. If you’re seeking a divorce or child custody lawyer in Philadelphia County, Delaware County, Bucks County, or Montgomery County, contact him today.