Child custody in Pennsylvania is divided into three main categories: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: This refers to the authority to make decisions about a child’s important life matters. Typically, legal custody is shared between parents, even after a marriage ends.
- Physical Custody: This involves the actual physical care and control of the child, meaning where the child lives on a day-to-day basis.
- Shared Custody: Custody can be either sole (full) or shared (joint). Shared custody can refer to legal custody, physical custody, or both. Most custody cases involve shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to prevent disputes between states regarding child custody and visitation, including initial decisions and modifications. This act sets rules for determining the child’s “home state,” which holds exclusive jurisdiction.
- The “home state” is generally where the child has lived for the past 6 months before custody proceedings begin.
- If no state meets the above criterion, jurisdiction may go to the state where the child lived in the past 6 months, provided one parent or guardian still resides there.
- If no state has jurisdiction, a court in a state where the child and at least one parent have a substantial connection and relevant evidence, may exercise jurisdiction.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody decision, it keeps exclusive jurisdiction unless:
- The parties move out of the state.
- The child no longer has significant ties to the state, including relevant evidence.
Declining Jurisdiction:
A court with proper jurisdiction may choose not to exercise it if it determines that another state is a more suitable venue, considering factors such as:
- Domestic violence concerns.
- The duration of the child’s residence outside of Philadelphia.
- The distance between the courts.
- The financial situation of the parties.
- Any agreements made by the parties regarding jurisdiction.
- The location and nature of key evidence (including the child’s testimony).
- The ability of courts in both states to handle the case quickly.
- The familiarity of each court with the facts.
- A court may also decline jurisdiction due to “unjustifiable conduct,” like the wrongful removal of a child.
Temporary Emergency Jurisdiction:
In cases of immediate danger to a child, a court may take temporary emergency jurisdiction to protect the child from abuse or threats.
Enforcement of Orders from Other States:
A court may enforce an out-of-state child custody order by registering it with the Philadelphia court. This allows the court to enforce the registered order.
Expedited Enforcement:
When expedited enforcement is necessary, a court will schedule a hearing on the first judicial day after the order is served. Immediate physical possession of the child is granted unless:
- The order was not properly registered.
- The issuing court did not have jurisdiction.
- The order was stayed or vacated.
- The respondent did not receive proper notice before the order was issued.
Best Interest of the Child:
The standard used to determine custody is the child’s best interest. This assumes that parents are typically best positioned to care for their child unless proven otherwise. The “tender years presumption” (favoring mothers for young children) no longer exists, and courts focus on who has been the primary caretaker, particularly after a separation. The primary caretaker doctrine emphasizes the day-to-day care and the quality and quantity of time the child spends with each parent.
Factors Courts Consider for Child Custody:
- Which parent is more likely to encourage frequent contact with the other parent.
- History of abuse within the household.
- The parental duties each parent has fulfilled.
- The child’s need for stability in their education and life.
- Availability of extended family support.
- The child’s relationship with siblings.
- The child’s own preferences, considering their maturity.
- Attempts to alienate the child from the other parent.
- Which parent is more likely to maintain a nurturing and stable relationship.
- Which parent is better equipped to address the child’s daily needs.
- The proximity of the parents’ residences.
- Each parent’s availability to care for the child.
Other considerations include:
- The level of conflict between parents and their ability to cooperate.
- A history of substance abuse.
- The mental and physical health of the parents.
- Any other relevant factors.
The safety of the child is prioritized in considering these factors, and gender is not a determining factor in custody decisions. Courts must explain their custody decisions in writing.
Federal Parental Kidnapping Prevention Act:
This act requires states to honor custody orders from other states if jurisdiction is proper. Non-compliance results in failure to recognize the custody order. The requirements for jurisdiction and modifications under this act are similar to those under the Uniform Child Custody Jurisdiction and Enforcement Act, though emergency jurisdiction under this federal act is considered continuing.
Other Considerations:
When deciding child custody, race, religion, and prior sexual conduct cannot be used as deciding factors. Gender is also not a factor in custody determinations.
Divorce Lawyer R. Badet is an experienced attorney specializing in divorce and child custody. He is known for helping clients through the complex divorce and child custody processes in Philadelphia and surrounding counties. With a wealth of experience, Attorney R. Badet can help ensure the best possible outcome for your case. For a free consultation, visit his website or call 267-277-2641.