Understanding the different types of child custody is crucial when navigating family law matters. In Philadelphia, custody arrangements typically fall into three categories: legal custody, physical custody, and shared custody.
Types of Child Custody
- Legal Custody: This grants a parent the authority to make significant decisions about the child’s life, such as education, healthcare, and religion. It is commonly shared by both parents, even post-divorce.
- Physical Custody: This refers to the parent’s actual physical care and control of the child, determining where the child resides.
- Shared Custody: This can involve either shared physical custody, shared legal custody, or both. Many cases include shared legal custody, ensuring both parents participate in key decisions for the child.
Jurisdiction in Child Custody Cases
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act, designed to avoid conflicts between states over custody and visitation. The Act identifies the “home state” of the child as the primary determinant of jurisdiction.
- The home state is where the child has lived for at least six months prior to the start of custody proceedings.
- If no state meets this criteria, the jurisdiction may revert to the state that was the home state in the last six months, provided a parent or guardian still resides there.
- In cases where no state has clear jurisdiction, a state with significant connections and substantial evidence regarding the child’s welfare may assume jurisdiction.
Exclusive Continuing Jurisdiction
The court that issued the original custody order maintains jurisdiction unless:
- Neither parent nor the child resides in that state anymore.
- The child no longer has significant connections to the state, and relevant evidence is unavailable there.
Declining Jurisdiction
Even if a court has jurisdiction, it may decline to exercise it if it determines another court is more appropriate based on factors such as:
- The presence of domestic violence and the state better suited to protect the child.
- How long the child has lived outside Philadelphia.
- The financial circumstances and proximity of the parties.
- The ability of the court to handle the matter efficiently.
- Any history of wrongful removal of the child.
Temporary Emergency Jurisdiction
Courts can assume temporary jurisdiction in cases where the child faces immediate threats of harm or abuse.
Enforcing Custody Orders from Other States
To enforce an out-of-state custody order, parents must register the order in the Philadelphia court system. Expedited enforcement ensures hearings occur promptly, typically the day after the order is served, unless specific issues arise, such as improper jurisdiction or lack of notice.
Best Interests of the Child Standard
Custody decisions are made based on what serves the child’s best interests. Factors considered include:
- The ability of each parent to encourage a positive relationship with the other parent.
- History of abuse or domestic violence.
- Each parent’s role in the child’s life and stability they provide.
- The child’s preference, depending on maturity.
- The relationship between the child and siblings or extended family.
- The physical and mental health of each parent.
- Any history of substance abuse by a parent or household member.
The court will prioritize factors affecting the child’s safety, and custody decisions are gender-neutral, with judges required to explain their rulings on record.
Additional Federal Guidelines
The Federal Parental Kidnapping Prevention Act ensures that states respect custody decisions made by other states if jurisdiction was properly established. It aligns closely with the Uniform Child Custody Jurisdiction and Enforcement Act.
Why Choose Divorce Lawyer R. Badet?
Attorney R. Badet is highly experienced in handling child custody and divorce cases. He provides personalized legal assistance to clients in Philadelphia, Delaware, Bucks, and Montgomery Counties. Whether your case involves child custody disputes, alimony, or complex divorces, Attorney Badet offers dedicated representation to secure the best possible outcome.
- Free Consultation – Call (267) 277-2641
- Visit: www.lawyersfordivorces.net
For an attorney skilled in child custody and family law matters, contact R. Badet today.