There are three main types of child custody to understand: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: This refers to the right to make decisions about the child’s upbringing. Typically, legal custody is shared by both parents even after a marriage ends.
- Physical Custody: This pertains to the actual physical care and control of the child, meaning where the child physically resides.
- Shared Custody: Custody can either be sole (full) or shared (joint). Shared custody can apply to legal, physical, or both types of custody. Most cases involve shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to prevent interstate custody and visitation disputes, including initial decisions and modifications. This act defines how to determine the child’s “home state,” which holds exclusive continuing jurisdiction.
- The “home state” is usually where the child has lived for six months prior to the custody action.
- If no state meets this criterion, jurisdiction is assigned to the state where the child resided in the past six months, provided at least one parent or guardian still resides there.
- If no state has jurisdiction, a court in a state with significant connections to the child and relevant evidence may assume jurisdiction.
Exclusive Continuing Jurisdiction:
Once a court makes the initial custody ruling, it retains exclusive jurisdiction unless:
- Neither parent resides in that state.
- The child no longer has a significant connection to the state.
Declining Jurisdiction:
A court with proper jurisdiction may choose not to exercise it if it determines that another state is more appropriate. Factors include:
- Domestic violence concerns.
- The length of time the child has lived outside of Philadelphia.
- The distance between courts.
- The financial situation of the parties.
- Any mutual agreement regarding jurisdiction.
- The location of relevant evidence, including the child’s testimony.
- Each court’s ability to resolve the case quickly.
- Each court’s familiarity with the facts.
- A court may decline jurisdiction if the child was wrongfully removed from another state.
Temporary Emergency Jurisdiction:
A court may temporarily take jurisdiction to protect the child from imminent harm or abuse.
Enforcement of Out-of-State Orders:
To enforce another state’s custody order, it must be registered with the appropriate Philadelphia court. The court can then enforce the order as if it were issued locally.
Expedited Enforcement:
Enforcement may proceed quickly through an expedited court hearing. However, this is only possible if:
- The order was properly registered.
- The court had jurisdiction.
- The order was not stayed or vacated.
- Notice requirements were met.
Best Interests of the Child:
The child’s best interests are the primary focus, with the presumption that parents are in the best position to care for their child unless proven otherwise. The court no longer assumes custody should go to the mother, even for young children, and considers the primary caretaker’s role as a key factor in custody decisions.
Factors Considered in Child Custody Decisions:
The court evaluates several factors, including:
- Which parent is more likely to foster ongoing contact with the other parent.
- Past abuse by a party or anyone in their household.
- The duties each parent has fulfilled for the child.
- The need for stability and continuity in the child’s life.
- The availability of extended family.
- The child’s relationships with siblings.
- The child’s preferences, depending on maturity.
- Any efforts to alienate the child from the other parent.
- Which parent is more likely to maintain a stable and nurturing relationship.
- Which parent attends to the child’s daily needs.
- The proximity of each parent’s home.
- Each parent’s availability for caregiving.
Additional considerations include:
- The level of conflict between the parties.
- A history of substance abuse.
- The mental and physical health of each party.
- Any other relevant factors.
Federal Parental Kidnapping Prevention Act:
This federal law requires states to recognize and enforce other states’ child custody determinations, as long as jurisdiction is proper. The law also sets guidelines similar to the Uniform Child Custody Jurisdiction and Enforcement Act, but its emergency jurisdiction is considered continuing rather than temporary.
Other Considerations for Child Custody:
When awarding custody, the court does not consider:
- Race or religion.
- Prior sexual conduct.
- Gender.
The court is also required to explain its decision on record or in writing.
Divorce and Child Custody Lawyer R. Badet is an experienced attorney dedicated to helping clients with all aspects of divorce and child custody cases. Serving Philadelphia and surrounding counties, R. Badet is known for his expertise in handling both straightforward and complex cases. His practice includes divorce, child support, spousal support, and child custody. For personalized legal advice, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With years of experience, he is highly regarded in both divorce and child custody litigation.
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