There are three primary types of child custody: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: Legal custody refers to the right to make significant decisions regarding the child’s life. In most cases, legal custody is shared by both parents, even after a divorce.
- Physical Custody: Physical custody pertains to where the child actually lives and who has day-to-day care and control over the child.
- Shared Custody: Custody can be either sole (full) or shared (joint). Shared custody may involve both legal and physical custody, though legal custody is typically shared.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to avoid interstate conflicts regarding child custody and visitation, including initial decisions and modifications. The Act establishes rules for determining the child’s home state, which holds exclusive, ongoing jurisdiction.
- The home state is generally where the child has lived for at least six months prior to the start of custody proceedings.
- If no state meets this criteria, jurisdiction goes to the state where the child lived during the last six months, as long as one parent or guardian still resides there.
- If no state has jurisdiction, a court in a state with a significant connection to the child, backed by substantial evidence, can make or modify custody orders.
Exclusive Continuing Jurisdiction
Once a court makes an initial custody determination, it maintains exclusive jurisdiction unless:
- Neither party lives in the state anymore.
- The child no longer has significant ties to that state, including the availability of relevant evidence.
Declining Jurisdiction
A court with proper jurisdiction may refuse to exercise it if it deems the forum inconvenient based on the following factors:
- The presence of domestic violence and which state offers better protection for the child.
- How long the child has lived outside of Philadelphia.
- The distance between Philadelphia and the court that would assume jurisdiction.
- The financial situations of the parties.
- Any agreements between the parties about jurisdiction.
- The location of important evidence, including the child’s testimony.
- How quickly each court can handle the case.
- How familiar each court is with the facts of the case.
- A court may also refuse jurisdiction based on unjustifiable conduct, such as the wrongful removal of a child.
Temporary Emergency Jurisdiction
A court may assume temporary emergency jurisdiction to protect a child from abuse or the threat of abuse.
Enforcement of Out-of-State Orders
A child custody order from another state may be enforced in Philadelphia by registering it with the local court. This allows the court to grant relief to enforce the registered order.
Expedited Enforcement
A court may expedite enforcement by requiring a hearing on the first judicial day after the order is served. Immediate physical custody of the child may be granted unless:
- The order wasn’t properly registered.
- The issuing court lacked jurisdiction.
- The order was stayed or vacated.
- The respondent didn’t receive notice before the order was issued.
- The order was stayed or vacated after registration.
Best Interest of the Child
In custody decisions, the court uses the “Best Interest of the Child” standard, assuming that parents are best positioned to care for their children unless proven otherwise. There is no longer a presumption favoring the mother for young children, and the focus has shifted to who has been the primary caretaker after separation.
Factors Considered for Child Custody
Courts consider several factors to determine the best interest of the child:
- Which parent is more likely to encourage frequent contact with the other parent.
- History of abuse by either parent or their household members.
- Parental duties performed by each party.
- Stability in the child’s life, including school and family life.
- Availability of extended family.
- The child’s relationship with siblings.
- The child’s well-reasoned preference, based on maturity.
- Efforts by a parent to turn the child against the other parent, except in cases of domestic violence.
- Which parent is more likely to maintain a nurturing relationship.
- Which parent can better address the child’s daily needs.
- The proximity of the parties’ residences.
- Each parent’s ability to care for the child or arrange proper care.
Other considerations: 13. The level of conflict between parents and their ability to cooperate. 14. History of drug or alcohol abuse. 15. The physical and mental condition of a parent or household member. 16. Any other relevant factors.
Federal Parental Kidnapping Prevention Act
This Act requires states to recognize and enforce each other’s child custody determinations if jurisdiction is valid. It has similar rules to the Uniform Child Custody Jurisdiction and Enforcement Act, with differences in emergency jurisdiction, which is considered continuing under this Act.
Additional Considerations for Child Custody Decisions
- Race, religion, or prior sexual conduct cannot be used as determining factors.
- Gender cannot be a determining factor.
Divorce Lawyer R. Badet is an experienced attorney specializing in both divorce and child custody matters, committed to guiding clients through every step of the process. Known throughout Philadelphia and surrounding counties as a trusted child custody lawyer, R. Badet offers expertise in complex divorce, alimony, child support, and custody cases. He is dedicated to achieving the best possible outcomes for clients. To learn more about your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation at 267-277-2641. R. Badet is a highly respected attorney with extensive experience in family law and litigation. If you’re seeking a divorce or child custody lawyer in Philadelphia, Delaware, Bucks, or Montgomery counties, contact him today.