Child custody in Philadelphia involves three primary types: legal custody, physical custody, and shared custody.
- Legal Custody: The authority to make decisions impacting the child’s life. Typically, both parents share legal custody, even after a marriage ends.
- Physical Custody: Involves actual possession and day-to-day care of the child.
- Shared Custody: Refers to joint or sole arrangements, which can apply to legal, physical custody, or both. Most cases involve shared legal custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ensuring consistency across states in custody and visitation matters.
- The child’s “home state” usually determines jurisdiction:
- Where the child has lived for six months before custody proceedings.
- If no home state exists, jurisdiction may rely on significant connections and evidence in a particular state.
- Jurisdiction continues unless both parents move or the child loses significant connections to the state.
Declining Jurisdiction
Even if a court has jurisdiction, it may decline if another forum is more convenient. Factors include:
- Domestic violence considerations.
- Time the child has lived outside Philadelphia.
- Distance between jurisdictions.
- Financial circumstances of the parties.
- The child’s connections, evidence availability, and familiarity of courts with the case.
Temporary Emergency Jurisdiction
A court may temporarily intervene to protect a child from abuse or threats of harm.
Enforcement of Custody Orders from Other States
Philadelphia courts can enforce out-of-state custody orders through registration. Expedited enforcement ensures the petitioner gains physical custody promptly unless specific issues (e.g., improper jurisdiction) arise.
Best Interests of the Child
The child’s best interests guide custody decisions, with considerations including:
- Encouragement of contact with the other parent.
- Parental roles and responsibilities.
- Stability in the child’s life, including education and relationships.
- The child’s well-reasoned preferences.
- History of abuse, substance use, or conflict between parties.
Courts give significant weight to factors affecting the child’s safety and require detailed explanations for custody rulings.
Federal Parental Kidnapping Prevention Act
This Act ensures states honor custody determinations made by courts with proper jurisdiction. Emergency jurisdiction under this Act is deemed continuing rather than temporary.
Additional Considerations
- Race, religion, prior sexual conduct, and gender cannot influence custody decisions.
- Courts focus on stability, safety, and the child’s overall well-being when awarding custody.
Experienced Child Custody Lawyer in Philadelphia
Divorce Lawyer R. Badet is a trusted legal advocate for divorce and child custody cases. Known for his expertise, he helps clients achieve the best outcomes in custody arrangements, spousal support, and child support matters.
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Whether you need a skilled custody attorney in Philadelphia, Bucks, Montgomery, or Delaware County, R. Badet offers comprehensive legal representation tailored to your needs. Call now for a free consultation!