When it comes to child custody in Pennsylvania, it is important to understand the different types of custody and the jurisdictional rules governing custody proceedings:
Types of Child Custody:
- Legal Custody:
Legal custody refers to the right to make decisions about a child’s upbringing, including decisions about education, health care, and religion. In most cases, legal custody is shared by both parents even after a divorce or separation. - Physical Custody:
Physical custody refers to the actual physical care and control of the child—where the child lives and spends time. A parent with physical custody has the responsibility to care for the child on a day-to-day basis. - Shared Custody:
Custody may be characterized as either sole custody (one parent has full custody) or shared custody (both parents have custody). Shared custody can involve either shared legal or physical custody, or both.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to resolve interstate disputes regarding child custody. This law ensures that custody decisions are made in the correct jurisdiction to avoid conflicting rulings across state lines.
- Home State Rule:
The home state is typically where the child has lived for at least six months prior to the custody proceedings. If no state qualifies under this rule, jurisdiction is determined by where the child lived within the last six months and where at least one parent continues to live. - Significant Connection:
If no state qualifies under the above, jurisdiction can still be granted to a state where the child and at least one parent have a significant connection, and where there is substantial evidence regarding the child’s care and protection.
Exclusive Continuing Jurisdiction:
The court that makes the first custody decision usually retains exclusive jurisdiction unless:
- Both parents and the child no longer live in that state.
- The child no longer has significant connections to that state.
Declining Jurisdiction:
Even with proper jurisdiction, a court may decline to hear a case if:
- Domestic violence issues are involved and another state is better equipped to handle them.
- The child has lived outside of Philadelphia for an extended period.
- The distance between courts is significant.
- The parties agree to another jurisdiction.
- Other relevant factors make another state more suitable.
Temporary Emergency Jurisdiction:
A court can take temporary emergency jurisdiction if the child is in immediate danger or is being abused. The court can act quickly to ensure the child’s safety.
Enforcement of Other State’s Orders:
Child custody orders from other states can be enforced in Philadelphia by registering them with the local court. If the order is valid, enforcement will proceed through an expedited process.
The Best Interest of the Child:
Pennsylvania courts always base custody decisions on what is in the best interest of the child. Key factors include:
- The ability of each parent to encourage ongoing contact between the child and the other parent.
- Any history of abuse in the family.
- The stability and continuity of the child’s environment.
- The child’s relationships with siblings and extended family.
- The child’s preferences, if the child is mature enough to express them.
- The ability of each parent to meet the child’s physical, emotional, and educational needs.
Other Key Considerations:
- Gender, race, or religion cannot be determining factors in custody decisions.
- Courts consider both parents’ ability to provide a stable environment.
- Parental Kidnapping Prevention Act: This federal law requires states to enforce valid custody orders from other states as long as jurisdiction was properly established.
Why Hire a Child Custody Lawyer?
When facing a child custody battle in Philadelphia, it’s crucial to work with an experienced lawyer who understands the nuances of family law. Attorney R. Badet specializes in child custody cases and can guide you through the complexities of custody arrangements, ensuring the best possible outcome for your family.
R. Badet’s Expertise:
Attorney R. Badet is known as an expert in both divorce and child custody matters. He is a trusted lawyer in Philadelphia and surrounding counties, helping clients navigate both divorce and custody proceedings. His services include:
- Legal and Physical Custody Representation
- Child Support Guidance
- Parental Rights
- Custody Modifications
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641 to discuss your legal options.
Search Terms for Finding a Divorce or Child Custody Lawyer:
- “divorce lawyers nearby”
- “child custody attorney near me”
- “low-income divorce lawyers”
- “best rated child custody lawyers near me”
- “contested divorce lawyer”
- “best divorce lawyer for child custody”
- “family law lawyer for custody near me”
- “child support lawyer”
- “divorce and custody attorney”
Contact Divorce Lawyer R. Badet at 267-277-2641 for expert legal representation in Philadelphia, Delaware, Bucks, and Montgomery Counties.