Philadelphia Child Custody Lawyer

Types of Child Custody:

  1. Legal Custody:
    • Refers to the right to make important decisions regarding the child’s life, including education, healthcare, and welfare.
    • In most cases, legal custody is shared by both parents, even after a marriage ends.
  2. Physical Custody:
    • Involves the actual physical possession of the child, including daily care and supervision.
  3. Shared Custody:
    • Can include shared legal or physical custody (or both).
    • Most custody cases involve shared legal custody.

Jurisdiction for Child Custody

Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent conflicts between states regarding custody and visitation rights.

Key Jurisdiction Rules:

  1. The child’s home state generally has jurisdiction if the child has lived there for at least six months before the custody proceedings.
  2. If no state meets the criteria, jurisdiction goes to the state where the child recently resided, provided one parent still resides there.
  3. If neither applies, jurisdiction may be in a state where the child and one parent have significant connections and relevant evidence is available.

Exclusive Continuing Jurisdiction:

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

  1. The child and both parents no longer reside in the state.
  2. The child has no significant connection to the state, and no substantial evidence remains in the state.

Declining Jurisdiction:

Even if a court has jurisdiction, it may decline based on the following:

  1. Domestic violence risks and the state best equipped to protect the child.
  2. Length of time the child has resided outside Philadelphia.
  3. Distance between courts.
  4. Financial circumstances of the parties.
  5. Agreements between the parties on jurisdiction.
  6. Location and availability of relevant evidence.
  7. Efficiency of court proceedings in each state.
  8. Familiarity of courts with the case facts.
  9. “Unjustifiable conduct,” such as wrongful removal of the child.

Temporary Emergency Jurisdiction:

A court can assume temporary jurisdiction if necessary to protect the child from imminent harm or abuse.

Enforcement of Out-of-State Orders:

  • Orders from another state can be enforced by registering them in Philadelphia courts.
  • Expedited Enforcement: Courts must conduct hearings immediately after serving the order, ensuring swift enforcement unless the order was improperly issued or revoked.

Best Interests of the Child:

Philadelphia courts prioritize the child’s best interests without gender bias or preference for mothers.

Factors Considered:

  1. Willingness of each parent to encourage frequent contact with the other parent.
  2. History of abuse by a parent or household member.
  3. Parental duties performed by each parent.
  4. Stability in the child’s life, including education and community ties.
  5. Relationships with siblings and extended family.
  6. Child’s preference, based on maturity and judgment.
  7. Efforts to alienate the child from the other parent (except in cases of abuse).
  8. Each parent’s ability to maintain a nurturing and stable relationship.
  9. Proximity of the parents’ residences.
  10. Availability of each parent to provide care or arrange appropriate childcare.

Additional Considerations:

  • Substance abuse, mental or physical health issues, and willingness to cooperate are also examined.
  • Factors affecting the child’s safety are given the most weight.

Federal Parental Kidnapping Prevention Act (PKPA):

This federal law ensures that states honor child custody determinations made by another state with proper jurisdiction.

Key Principles:

  • Emergency jurisdiction under PKPA is considered continuing, not temporary.
  • Race, religion, gender, or prior sexual conduct cannot influence custody rulings.

Child Custody Services by Divorce Lawyer R. Badet:

Divorce Lawyer R. Badet specializes in child custody cases, offering comprehensive legal representation in Philadelphia and nearby counties.

Why Choose R. Badet?

  • Expertise in complex and contested custody matters.
  • Dedication to securing the best outcomes for clients and their children.

Contact:
📞 (267) 277-2641
🌐 www.lawyersfordivorces.net

Call now for a free consultation and let Divorce Lawyer R. Badet guide you through your custody case!