In Pennsylvania, child custody generally falls under three primary categories:
- Legal Custody:
This gives a parent (or both parents) the authority to make important decisions concerning the child’s upbringing. In most situations, parents continue to share legal custody following the end of a marriage. - Physical Custody:
This pertains to who has physical possession of the child—meaning day-to-day care and supervision. - Shared Custody:
Custody may be set up as sole (exclusive) or shared (joint). Parents can share legal custody, physical custody, or both. In many cases, both parents share legal custody even if they do not share physical custody equally.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent conflicts between states regarding initial child custody determinations and any modifications. Under this law:
- The child’s “home state” is typically where the child has lived for at least six consecutive months before the start of custody proceedings.
- If no state satisfies that requirement, jurisdiction may lie in the state that served as the child’s home state within the preceding six months, so long as a parent or guardian still resides there.
- If no state meets those conditions, a court in a state where the child and at least one parent have a significant connection, plus relevant evidence about the child’s care, can establish or modify a custody order.
Exclusive Continuing Jurisdiction
The court issuing the initial custody order retains exclusive jurisdiction unless:
- No one involved (parents or child) continues to live in that state, or
- The child no longer has a substantial link with that state, and important evidence is no longer available there.
Declining Jurisdiction
Even when a court has valid jurisdiction, it may decline to exercise it if it finds itself to be an inconvenient forum. Factors include:
- Whether domestic violence is present and which jurisdiction can best safeguard the child.
- How long the child has lived outside Philadelphia.
- The distance between the Philadelphia court and the alternative court.
- Each party’s financial means.
- Any prior agreement regarding jurisdiction.
- Where evidence (including testimony) is located.
- How quickly each court can proceed.
- Each court’s familiarity with the case.
A court might also refuse jurisdiction if the child was wrongfully brought into the state (unjustifiable conduct).
Temporary Emergency Jurisdiction
A court can take temporary emergency jurisdiction when it is necessary to protect a child from abuse or a credible threat of harm.
Enforcement of Out-of-State Orders
A child custody order from another state can be registered in Philadelphia by submitting two copies of the order to the appropriate court. Once registered, any enforcement relief that would apply to a local custody order is also available.
Expedited Enforcement
A court appearance is typically set for the first judicial day after the order is served. The petitioner is generally given immediate physical custody of the child unless:
- The order was improperly registered.
- The issuing court did not have jurisdiction.
- The order has been stayed or vacated.
- The responding party did not receive the required notice before the order was issued.
- The order was stayed or vacated after being registered.
Best Interest of the Child
Courts apply the “best interest of the child” standard, presuming that parents are best suited to care for their children unless proven otherwise. There is no longer an automatic preference for the mother, even for very young children. Often, one important factor is which parent has been the child’s primary caretaker, focusing on day-to-day responsibilities and the quality of time spent with the child at the time of the hearing.
Factors for Determining Best Interests
Courts may consider, among others:
- Which parent is more likely to support a healthy relationship with the other parent.
- Any current or past abuse by a parent or someone in their household.
- Each parent’s day-to-day responsibilities regarding the child’s care.
- The child’s need for stability in education, family life, and community activities.
- The availability and involvement of the extended family.
- The child’s existing relationships with siblings.
- The child’s own preference (considering maturity and judgment).
- Efforts by one parent to alienate the child from the other, unless there is a legitimate concern over safety.
- Which parent can provide a loving, stable, nurturing environment.
- Which parent can meet the child’s ongoing physical, emotional, educational, and developmental needs.
- How close the parents live to each other.
- Each parent’s capacity to personally care for the child or arrange appropriate childcare.
- The level of conflict between the parents and their willingness to cooperate.
- Any history of alcohol or substance abuse.
- The mental and physical fitness of each parent or household member.
- Any other relevant considerations.
Courts often give extra weight to factors involving the child’s safety. Additionally, a judge may not show bias based on a parent’s race, religion, gender, or past sexual conduct. The court must explain its reasoning on the record or in a written opinion.
Federal Parental Kidnapping Prevention Act (PKPA)
Under the PKPA, states must recognize valid custody orders from other states if the issuing court had proper jurisdiction. Failure to comply may lead to another state’s custody ruling being denied full faith and credit. The PKPA’s jurisdiction and modification rules closely resemble those of the UCCJEA, though the PKPA provides for continuing, rather than strictly temporary, emergency jurisdiction.
Other Important Notes for Child Custody
- Race or religion cannot be decisive factors.
- Past sexual behavior cannot be decisive.
- Gender cannot be decisive.
About Child Custody Lawyer R. Badet
Divorce Lawyer R. Badet is also highly regarded in Philadelphia and surrounding counties as Child Custody Lawyer R. Badet. He has wide-ranging experience handling simple and complex divorces, alimony, spousal support, child support, and child custody. Whether you are navigating a standard custody case or a challenging, high-conflict situation, he provides knowledgeable representation aimed at the most favorable outcome.
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