Child custody cases in Philadelphia involve three main types of custody: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: This grants the right to make decisions about the child’s life. Legal custody is usually shared between parents, even after the end of a marriage.
- Physical Custody: This refers to the actual care and control of the child, or where the child physically resides.
- Shared Custody: Custody may be classified as either sole (full) custody or shared custody, which can include both legal and physical aspects. Most cases involve shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent interstate disputes about child custody. This law sets guidelines for determining a child’s home state, which holds exclusive and continuing jurisdiction.
- Home State: The home state is where the child has lived for at least six months before custody proceedings begin.
- If no state qualifies as the home state, jurisdiction may fall to the state where the child lived in the past six months, provided one parent or guardian still resides there.
- 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 substantial evidence regarding the child’s care.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody decision, it retains exclusive jurisdiction unless:
- Both parties move out of the state.
- The child no longer has a meaningful connection with the state, and there is no relevant evidence available.
Declining Jurisdiction:
A court with proper jurisdiction may decline to exercise it if:
- Domestic violence considerations affect the child’s protection.
- The child has lived outside Philadelphia for an extended period.
- The physical distance between courts is significant.
- Financial circumstances of the parties differ.
- There’s an agreement on jurisdiction.
- The location of relevant evidence, including the child’s testimony.
- The ability of courts to make timely decisions.
- A court may also decline jurisdiction due to “unjustifiable conduct,” like the wrongful removal of a child from another state.
Temporary Emergency Jurisdiction:
A court may assume temporary emergency jurisdiction to protect a child from abuse or threats of harm.
Enforcement of Out-of-State Orders:
Out-of-state custody orders can be enforced in Philadelphia through registration of the order. The court can grant any relief necessary to enforce the registered order. Expedited enforcement ensures a hearing is held on the first judicial day after the order is served, with immediate physical custody awarded unless certain conditions are met.
Best Interest of the Child:
The standard for child custody decisions is the Best Interest of the Child, assuming that parents are best suited to care for their child unless proven otherwise. No longer is there a presumption favoring mothers, even for young children. The primary caretaker doctrine, which focuses on the daily care and quality of time spent with each parent, is an important factor in custody decisions.
Factors the Court Considers in Custody Decisions:
When determining the best interests of the child, the court evaluates:
- Which parent encourages ongoing contact with the other.
- History of abuse by a party or a member of their household.
- Parenting duties performed by each parent.
- Stability in the child’s life, including education and family life.
- Availability of extended family.
- The child’s relationship with siblings.
- The child’s preference, considering maturity and judgment.
- Whether a parent has attempted to alienate the child from the other parent (except in cases of domestic violence).
- The parent most likely to maintain a loving, stable, and nurturing relationship.
- The parent more likely to meet the child’s physical, emotional, and educational needs.
- The proximity of the parents’ residences.
- Each parent’s ability to care for the child or arrange appropriate childcare.
Other factors may include:
- The level of conflict between the parents.
- Any history of substance abuse by a parent or a household member.
- The mental and physical condition of a party or household member.
- Any other relevant considerations.
The court prioritizes factors impacting the child’s safety and ensures no party is favored based on gender. The court must provide a written explanation of its custody decision.
Federal Parental Kidnapping Prevention Act:
This federal law mandates that states honor each other’s valid custody orders if jurisdiction is proper. Failure to comply means the state will not enforce another state’s custody order. The emergency jurisdiction provisions under this act are considered continuing rather than temporary.
Additional Considerations in Custody Decisions:
- Race, religion, and gender cannot be determining factors.
- Prior sexual conduct is not considered.
Divorce and Child Custody Attorney R. Badet is dedicated to helping clients navigate the divorce and child custody processes. With expertise in complex divorces, alimony, spousal support, child support, and custody matters, R. Badet is a respected attorney in Philadelphia and surrounding counties. For more information on your legal rights, visit www.lawyersfordivorces.net or call for a free consultation at 267-277-2641.