There are three main types of child custody: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody:
Legal custody grants the authority to make decisions regarding the child’s upbringing. Usually, both parents share legal custody, even after a marriage ends. - Physical Custody:
Physical custody refers to the actual possession and care of the child, meaning who has the child in their physical care and control. - Shared Custody:
Custody can be either sole (full) custody or shared (joint) custody. Shared custody can involve both legal and physical custody, though most cases involve shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to prevent interstate disputes regarding custody and visitation. This Act sets rules for determining the child’s “home state,” which has exclusive and continuing jurisdiction over custody matters.
- Home State:
The home state is typically where the child currently resides, having lived there for at least six months before the custody case begins. - Alternate Jurisdiction:
If no state qualifies as the home state, the jurisdiction goes to the state where the child lived in the past six months, provided one parent or guardian still resides there. - Significant Connection:
If no state qualifies, a court in a state where the child and at least one parent have a significant connection can assume jurisdiction if there is relevant evidence related to the child’s well-being.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody decision, it retains exclusive jurisdiction unless:
- The parties no longer reside in that state.
- The child no longer has a meaningful connection to that state, including the availability of pertinent evidence.
Declining Jurisdiction:
A court with proper jurisdiction may decline to hear a case if it finds another forum is more suitable, considering factors such as:
- Domestic violence concerns.
- The duration the child has lived outside Philadelphia.
- The distance between the courts involved.
- The financial situations of the parties.
- Agreements between the parties on jurisdiction.
- The location and nature of relevant evidence.
- The court’s ability to handle the case efficiently.
- The court’s familiarity with the case’s facts and issues.
- Courts may also decline jurisdiction due to “unjustifiable conduct,” such as wrongful child removal.
Temporary Emergency Jurisdiction:
A court may take temporary emergency jurisdiction to protect the child from actual or threatened harm.
Enforcement of Other States’ Orders:
Child custody orders from other states can be enforced in Philadelphia by registering the order. This allows the receiving court to enforce the order as if it was made locally.
Expedited Enforcement:
Expedited enforcement allows for a court hearing the first judicial day after the order is served, granting immediate physical possession of the child unless there are specific exceptions.
Best Interest of the Child:
The best interest of the child is the primary consideration in custody decisions. There is no longer a presumption in favor of the mother, even for younger children. Courts often consider which parent has been the primary caretaker post-separation and the time the child spends with each parent.
Factors for Determining Child Custody:
When determining the child’s best interests, courts consider factors such as:
- The likelihood of encouraging ongoing contact between the child and both parents.
- History of abuse by a parent or anyone in their household.
- The duties each parent has performed 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.
- Efforts by a parent to alienate the child from the other parent.
- Which parent is more likely to provide a nurturing relationship.
- The ability of each parent to meet the child’s physical, emotional, and developmental needs.
- Proximity of the parents’ homes.
- Each parent’s availability to care for the child.
Other considerations include:
- The level of conflict between the parents and their willingness to cooperate.
- The history of drug or alcohol abuse in the household.
- The mental and physical health of the parties involved.
- Any other relevant factor.
Courts give special weight to safety-related factors and do not favor any party based on gender. Additionally, courts must explain their custody decisions in writing.
Federal Parental Kidnapping Prevention Act:
This Act requires states to recognize another state’s valid child custody determination when jurisdiction is proper. Failure to comply with the Act results in the non-recognition of the child custody order. Its jurisdiction and modification requirements are similar to those of the Uniform Child Custody Jurisdiction and Enforcement Act.
Additional Considerations in Custody Decisions:
Race, religion, prior sexual conduct, and gender are not to be used as determining factors in custody decisions.
Divorce Lawyer R. Badet
R. Badet is an experienced divorce and child custody lawyer committed to helping clients navigate every stage of divorce and custody proceedings. Known for his work in Philadelphia and surrounding areas, his practice covers everything from simple divorces to complex custody cases. With a deep understanding of both divorce and child custody law, R. Badet provides expert legal support. For a consultation, visit www.lawyersfordivorces.net or call 267-277-2641. He is a highly respected and experienced attorney, representing clients in family law matters throughout Philadelphia County, Delaware County, Bucks County, and Montgomery County.