Philadelphia Child Custody Lawyer

Child custody in Philadelphia encompasses three primary types:

  1. Legal Custody:
    The right to make significant decisions about a child’s life, such as education, healthcare, and religion. Legal custody is commonly shared by both parents, even after a divorce.
  2. Physical Custody:
    Refers to the physical care and control of the child, including where the child resides.
  3. Shared Custody:
    Custody arrangements can involve either sole (full) custody or shared (joint) custody. Shared custody may apply to legal custody, physical custody, or both. Most cases involve shared legal custody.

Jurisdiction for Child Custody

Philadelphia adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to avoid inter-state conflicts regarding custody. This Act governs initial custody decisions and modifications based on the following:

  1. The home state is where the child has lived for at least six months prior to the custody case.
  2. If no state qualifies, jurisdiction is granted to the state where the child previously resided within the past six months, provided a parent or guardian still lives there.
  3. If neither applies, jurisdiction can be established in a state where the child and a parent have significant connections and substantial evidence is available concerning the child’s care and well-being.

Exclusive Continuing Jurisdiction

The court that makes the initial custody determination retains exclusive jurisdiction unless:

  1. Neither parent resides in the state.
  2. The child no longer has significant connections to the state, and evidence related to the case is unavailable.

Declining Jurisdiction

A court with proper jurisdiction may decline to exercise it if deemed an inconvenient forum based on factors such as:

  • Domestic violence concerns.
  • Time the child has lived outside of Philadelphia.
  • Distance between the competing courts.
  • Financial circumstances of the parties.
  • Agreements between the parents regarding jurisdiction.
  • Location and relevance of evidence, including the child’s testimony.
  • Ability of courts to resolve the case efficiently.
  • Familiarity of each court with the case.
  • Evidence of unjustifiable conduct, such as wrongful removal of the child.

Temporary Emergency Jurisdiction

A court may assume emergency jurisdiction to protect a child from immediate harm, such as abuse or neglect.

Enforcement of Out-of-State Custody Orders

Philadelphia courts may enforce custody orders from other states by registering them with the appropriate court. This allows for expedited enforcement and immediate physical custody of the child unless:

  1. The order was improperly registered.
  2. The issuing court lacked jurisdiction.
  3. The order was stayed or vacated.
  4. The respondent did not receive proper notice before the order was issued.

Best Interest of the Child

Custody decisions are guided by the “best interest of the child” standard, with no preference given based on gender. Courts consider factors such as:

  • Parental cooperation and willingness to foster a relationship between the child and the other parent.
  • History of abuse.
  • Each parent’s ability to provide daily care, stability, and continuity in the child’s life.
  • Relationships with siblings and extended family.
  • The child’s preference, if mature enough to express a reasoned opinion.
  • The proximity of each parent’s residence.
  • History of drug or alcohol abuse, and the mental and physical health of the parents.

Courts prioritize factors that impact the child’s safety and must provide detailed reasons for their custody decisions.

Additional Considerations

  • Race, religion, prior sexual conduct, or gender cannot influence custody decisions.
  • The Federal Parental Kidnapping Prevention Act (PKPA) ensures compliance with custody orders across state lines, with jurisdiction requirements aligning closely with the UCCJEA.

Legal Representation

For assistance with child custody matters, contact Divorce Lawyer R. Badet, a highly respected attorney with years of experience in family law. Mr. Badet provides expert guidance in child custody, divorce, alimony, and child support cases.

Contact Information:

Special Offers:

  • Consent divorces starting at $599.
  • Free consultations available.

If you need a child custody or divorce attorney in Philadelphia or surrounding counties, call Mr. Badet for dedicated and affordable legal representation.