In child custody cases, there are three main types of custody:
- Legal Custody: This refers to the right to make decisions about the child’s welfare, such as educational, medical, and religious decisions. Usually, both parents share legal custody, even after a divorce.
- Physical Custody: This involves the actual care and control of the child, where one parent has physical custody and the child lives with them.
- Shared Custody: Custody can be either sole (full custody) or shared (joint custody). Shared custody can involve either legal, physical, or both types of custody. In most cases, parents share legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent disputes between states over custody and visitation. The Act establishes rules for determining a child’s home state, which holds exclusive and continuing jurisdiction.
- The home state is typically where the child has lived for at least six months before the custody proceedings.
- If no state meets this criterion, jurisdiction may be where the child lived within the last six months, provided at least one parent or guardian still resides there.
- If no state qualifies, jurisdiction can be granted to a state where the child or parent has a significant connection, with substantial evidence related to the child’s care and protection.
Exclusive Continuing Jurisdiction:
Once a court issues an initial custody ruling, it retains exclusive jurisdiction unless:
- The parents no longer live in the state.
- The child no longer has significant ties to the state, including the availability of relevant evidence.
Declining Jurisdiction:
Even if a court has jurisdiction, it may decline to exercise it if it deems the forum inconvenient, based on factors such as:
- Domestic violence concerns and the state’s ability to protect the child.
- The duration of the child’s residence outside of Philadelphia.
- The distance between courts in different states.
- The financial circumstances of the parties.
- The agreement of the parties on jurisdiction.
- The availability and location of relevant evidence.
- The court’s ability to resolve the issue promptly.
- The court’s familiarity with the case facts.
- A court may also decline jurisdiction due to “unjustifiable conduct,” such as the wrongful removal of a child.
Temporary Emergency Jurisdiction:
In cases where a child is at risk of harm or abuse, a court may take temporary emergency jurisdiction to protect the child.
Enforcement of Other States’ Orders:
Child custody orders from other states can be enforced by registering the order in the appropriate court in Philadelphia. The court can then grant any relief necessary to enforce the order.
Expedited Enforcement:
Expedited enforcement requires a court hearing the next judicial day after an order is served. The petitioner can gain immediate physical custody of the child unless certain exceptions apply, such as improper registration or the issuing court lacking jurisdiction.
Best Interest of the Child:
The “Best Interest of the Child” standard assumes parents are best suited to care for their child, unless proven otherwise. There is no longer a presumption favoring the mother, even for young children. Courts often consider who has been the primary caretaker since the separation when determining custody. This doctrine focuses on the day-to-day care provided and the quality and quantity of time spent with each parent at the time of the hearing.
Factors for Determining Custody:
Courts look at various factors to decide what is best for the child, including:
- The likelihood of encouraging frequent contact with the other parent.
- History of abuse within the family.
- Parental duties performed for the child.
- The need for stability and continuity in the child’s life.
- Availability of extended family.
- The child’s relationships with siblings.
- The child’s well-reasoned preference, considering maturity.
- Efforts to alienate the child from the other parent, except in cases of domestic violence.
- Which parent is more likely to maintain a nurturing and stable relationship.
- The parent’s ability to meet the child’s physical, emotional, educational, and special needs.
- Proximity of the parents’ residences.
- Each parent’s ability to care for the child or make appropriate childcare arrangements.
Additional factors include:
- The level of conflict between the parents and their ability to cooperate.
- History of drug or alcohol abuse.
- The mental and physical condition of the parents.
- Any other relevant factor.
Safety-related factors are given special weight.
Federal Parental Kidnapping Prevention Act:
This Act requires states to honor valid child custody orders from other states if jurisdiction is proper. Failure to comply with this Act means that other states’ custody orders will not be given full recognition. The jurisdiction and modification rules under this Act are similar to the UCCJEA, though the emergency jurisdiction under the Federal Act is considered continuing rather than temporary.
Additional Considerations in Custody Awards:
- Race, religion, and prior sexual conduct cannot be factors in custody decisions.
- Gender cannot be a determining factor.
Divorce Lawyer R. Badet is a skilled divorce and child custody attorney, known for his dedication to clients throughout the divorce and custody process. Serving Philadelphia and surrounding counties, he handles both simple and complex cases related to divorce, alimony, child support, and custody. With his expertise and years of experience, he is well-equipped to help you achieve the best possible outcome. Visit his website at www.lawyersfordivorces.net or call for a free consultation at 267-277-2641. If you’re seeking a divorce or child custody lawyer in Philadelphia, Delaware, Bucks, or Montgomery Counties, contact R. Badet for expert legal assistance.