In Philadelphia, three primary forms of child custody exist:
- Legal Custody – The authority to make important decisions regarding a child’s education, healthcare, and general welfare. In many cases, parents share these decision-making rights after a divorce.
- Physical Custody – Having the child reside with and be under a parent’s day-to-day supervision and care.
- Shared Custody – Also referred to as joint custody, which can be granted for legal and/or physical custody. Most situations involve shared legal custody, meaning both parents contribute to major decisions about the child’s life.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), designed to avoid conflicts between courts in different states regarding child custody and visitation—both in original filings and modification requests. Under this act, the child’s “home state” typically has the exclusive right to hear custody matters, and the home state is usually defined by where the child has been living for at least six months before a custody case is initiated.
- If a child has not spent the past six months in one state, the court looks at the place that was the child’s home state within the last six months, provided at least one parent or guardian remains living there.
- If no state qualifies under the above standard, the court checks whether the child and at least one parent have a substantial connection to a particular state and whether that state holds significant evidence related to the child’s well-being.
Exclusive Continuing Jurisdiction
Once a court makes the initial custody determination, it keeps jurisdiction until:
- Neither parent nor the child lives in that state anymore; or
- The child no longer has enough ties to that state to justify ongoing jurisdiction.
Declining Jurisdiction
Even if a court technically has authority, it may choose not to exercise it if it concludes that another forum is more appropriate, considering factors such as:
- Domestic violence risks and which jurisdiction can best protect the child
- How long the child has been residing outside Philadelphia
- Distance between courts
- Financial positions of both parties
- Existing agreements about jurisdiction
- Where significant evidence (including the child’s testimony) is located
- Each court’s ability to quickly address the matter
- Each court’s familiarity with the case
- Unjustifiable conduct, like improper removal of the child from another state
Temporary Emergency Jurisdiction
If a child is at risk of abuse or there is an emergency situation, a court may step in temporarily to safeguard the child’s welfare.
Enforcement of Custody Orders from Other States
Registration: A parent can register an out-of-state custody order with a local Philadelphia court (submitting two copies), potentially seeking immediate enforcement.
Expedited Enforcement: Often requires the respondent to appear in court the next judicial day after service. Unless there is a valid reason (like a lack of jurisdiction or an existing stay), the petitioner should receive immediate physical custody of the child.
Best Interests of the Child
Courts use the “best interests of the child” standard, presuming that parents are generally well-suited to care for their child unless shown otherwise. The law no longer gives automatic preference to mothers for younger children. Factors examined include:
- Which parent will foster a positive, ongoing relationship with the other parent
- Current or past abuse by a party or someone in that party’s household
- Parental duties each party has performed
- The child’s need for stability in everyday life, education, family, and community
- Access to extended family
- Sibling relationships
- The well-reasoned preference of a child mature enough to express it
- Attempts to alienate the child from the other parent (unless there are legitimate safety concerns)
- Who is more likely to maintain a nurturing and consistent environment
- Which parent is more attentive to the child’s everyday and special needs
- The distance between parents’ homes
- Each parent’s availability to care for the child or secure suitable childcare
- The level of conflict and each party’s willingness to cooperate
- Any history of alcohol or substance abuse by a party or household member
- Mental and physical health considerations for each party
- Other relevant factors
In evaluating these considerations, the court places special emphasis on child safety and does not favor one parent due to gender. The judge must explain custody decisions on the record or in a written order.
Federal Parental Kidnapping Prevention Act
This federal law requires states to honor other states’ valid custody orders. If a state fails to meet the requirements, other states may deny “full faith and credit” to its custody orders. Its jurisdictional and modification rules align closely with the UCCJEA, but the federal act often treats emergency jurisdiction as more continuous rather than merely short-term.
Additional Considerations
- Race or religion cannot be deciding factors in custody.
- Past sexual behavior is not a determining factor.
- A parent’s gender cannot be used to give one parent preference.
About Divorce Lawyer and Child Custody Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney who also practices extensively in child custody matters. Known in Philadelphia and surrounding counties as Child Custody Lawyer R. Badet, he covers everything from straightforward to complex divorce cases, as well as alimony, spousal support, child support, and custody disputes. His breadth of experience helps secure the best possible results for each client. To learn about your rights and options, visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation. He is widely respected, with many years of litigation experience in Divorce and Child Custody. If you reside in Philadelphia County, Delaware County, Bucks County, or Montgomery County, and need a divorce or child custody lawyer, reach out to Divorce Lawyer R. Badet at (267) 277-2641.
Relevant Searches
- divorce lawyers nearby
- divorce and family law attorney
- low income divorce lawyers near me
- international divorce lawyer near me
- reasonable divorce lawyers
- best rated divorce lawyers near me
- finding a good divorce lawyer
- find divorce attorney
- divorce and family lawyer near me
- divorce lawyers for men near me
- black divorce lawyers near me
- male divorce lawyers
- black divorce lawyers
- family law divorce lawyers
- contested divorce lawyer
- best divorce lawyers
- best divorce lawyers near me
- child support attorney near me
- cheap divorce lawyers near me
- family court lawyers near me
- best divorce attorney
- family court attorney