In Pennsylvania, child custody matters are essential for determining the care and upbringing of a child after a divorce or separation. There are three main types of custody arrangements to consider:
Types of Child Custody:
- Legal Custody:
This refers to the right to make important decisions about the child’s life, including education, healthcare, and religious upbringing. Legal custody is often shared between the parents, even after a marriage ends. - Physical Custody:
Physical custody involves the actual care and control of the child. It refers to where the child lives and who provides daily care. - Shared Custody:
Custody may be awarded as sole custody (one parent has full custody) or shared custody (both parents share responsibility). Shared custody can be either legal, physical, or both, with shared legal custody being the most common arrangement in Pennsylvania.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to avoid conflicts between states over custody decisions. The main principles are:
- Home State Jurisdiction:
The home state is where the child has lived for at least six months prior to the custody proceedings. This state typically has exclusive jurisdiction over custody matters. - No Home State:
If no state qualifies as the child’s home state, the court may have jurisdiction in the state where the child last lived and where at least one parent resides. - Significant Connection:
If no state meets these criteria, a court in a state where the child has a significant connection may assume jurisdiction if substantial evidence relevant to the child’s care exists in that state.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody determination, it retains exclusive jurisdiction unless:
- The parties no longer reside in that state.
- The child has lost significant connections to that state.
Declining Jurisdiction:
A court may refuse to exercise its jurisdiction if it determines another state is better suited to handle the case, based on factors such as:
- Domestic violence or the need for better protection.
- The length of time the child has lived outside of Philadelphia.
- The financial circumstances of the parties.
- The availability of relevant evidence, including the child’s testimony.
Temporary Emergency Jurisdiction:
A court may assume temporary emergency jurisdiction to protect the child from imminent harm, such as abuse.
Enforcement of Other State’s Orders:
A custody order from another state can be registered in Philadelphia for enforcement. A hearing will be scheduled quickly to review and enforce the order, unless certain conditions (like improper registration or lack of jurisdiction) are met.
Best Interests of the Child:
Pennsylvania courts prioritize the Best Interests of the Child standard, considering factors such as:
- The ability of each parent to encourage a relationship with the other parent.
- History of abuse or violence within the household.
- The child’s need for stability, education, and family life.
- The child’s relationship with siblings and extended family.
- The mental and physical health of the parents.
- The proximity of the parents’ residences.
- The willingness and ability of the parents to cooperate with each other.
Additional Considerations:
- No preference is given based on gender, race, religion, or prior sexual conduct.
- Unjustifiable conduct such as wrongful removal of the child may impact jurisdiction.
Federal Parental Kidnapping Prevention Act:
Under this Act, states must give full faith and credit to another state’s valid child custody determination. If there is noncompliance, the order may not be recognized.
Child Custody Lawyer R. Badet:
If you need a skilled attorney to guide you through the child custody process in Philadelphia, Divorce Lawyer R. Badet is here to help. He has extensive experience handling both divorce and child custody cases, including complex matters like child support, spousal support, and alimony. R. Badet offers consultations and is well-respected in Philadelphia, Delaware, Bucks, and Montgomery Counties. Contact him for expert legal representation in child custody and divorce matters at 267-277-2641 or visit www.lawyersfordivorces.net for more information.
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