When dealing with child custody in Philadelphia, it’s important to understand three basic forms:
- Legal Custody: This grants a parent the authority to make significant decisions about a child’s life. Typically, both parents share legal custody even after the marriage ends.
- Physical Custody: This involves the child’s day-to-day care and residence.
- Shared Custody: Custody arrangements can be sole (one parent has full custody) or shared (joint custody). Shared arrangements can apply to either legal custody, physical custody, or both. In many cases, parents share legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to avoid conflicting custody orders across state lines. This law establishes guidelines for determining which state has the authority to make initial and modified custody decisions. Key points include:
- The child’s “home state” is typically where the child has lived for at least six months before custody proceedings begin.
- If no state meets the home state requirement, jurisdiction may lie in a state that was recently the child’s home and where a parent still resides.
- If no state qualifies under these rules, a state where the child and at least one parent have significant connections and where substantial evidence exists about the child’s care may assume jurisdiction.
Exclusive Continuing Jurisdiction:
The court that initially issues a custody order retains exclusive jurisdiction unless:
- Neither party still lives in that state; or
- The child no longer has meaningful ties to that state, including relevant evidence.
Declining Jurisdiction:
A court that technically has jurisdiction may refuse to exercise it if it finds that another court is better suited to handle the case. Factors include:
- Issues of domestic violence
- How long the child has lived outside Philadelphia
- The distance between courts
- Financial circumstances of each party
- Any existing agreement on jurisdiction
- The availability and location of pertinent evidence
- Each court’s ability to resolve the case promptly
- Each court’s familiarity with the facts
- Unjustifiable conduct, such as wrongfully removing a child from another state
Temporary Emergency Jurisdiction:
A court can step in temporarily if a child needs immediate protection from abuse or a credible threat of harm.
Enforcing Out-of-State Orders:
Another state’s custody order can be registered and enforced in Philadelphia. Upon registration, the court may grant any enforcement actions available. An expedited process requires the respondent to appear on the next judicial day after service, and immediate physical possession of the child is often granted unless:
- The order was improperly registered or issued
- The issuing court lacked jurisdiction
- The order was stayed or vacated
- The respondent didn’t receive required notice
- The order was later stayed or vacated after registration
Best Interest of the Child:
Courts use the “best interest of the child” standard, assuming parents are best suited to raise their children unless proven otherwise. Gender-based presumptions no longer apply, and the “tender years” doctrine favoring mothers is not recognized. Often, courts consider who has been the child’s primary caregiver as a key factor.
Factors Considered:
Some of the factors courts evaluate include:
- Which parent is more likely to foster ongoing contact with the other parent
- Current or past abuse by a parent or household member
- Each parent’s fulfillment of parental duties
- The child’s need for stability and continuity
- Relationships with extended family and siblings
- The child’s preference, depending on maturity and judgment
- Evidence of attempts to alienate the child from the other parent
- Each parent’s ability to maintain a loving, stable, nurturing environment
- The parents’ residences, financial stability, and availability to care for the child
- Drug or alcohol abuse history
- Mental and physical health of the parents or household members
- Any other relevant factors, with the child’s safety being paramount
No party is given preference based on gender, race, or religion, and sexual history is not a determining factor. The court must explain its reasoning either on the record or in writing.
Federal Parental Kidnapping Prevention Act:
This federal law requires states to respect another state’s properly made custody decisions. It ensures full faith and credit for child custody orders if the original court had proper jurisdiction, aligning closely with the UCCJEA.
Additional Considerations:
- Race, religion, gender, or prior sexual conduct of a parent are not grounds for custody decisions.
- Courts focus on factors that promote the child’s overall well-being, safety, and stability.
For experienced guidance in child custody and divorce matters, contact Divorce Lawyer R. Badet, known for his skill and dedication to clients in Philadelphia and surrounding counties. His practice covers straightforward and complex divorces, alimony, spousal support, child support, and child custody. With years of experience, he aims to secure the best outcomes for your situation. Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.
If you’re seeking a divorce or child custody lawyer in Philadelphia, Delaware, Bucks, or Montgomery County, consider reaching out to Divorce Lawyer R. Badet at 267-277-2641 for reputable representation.
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