When navigating child custody issues in Pennsylvania, it is essential to understand the different types of custody and the relevant jurisdictional rules.
Types of Child Custody:
- Legal Custody
Legal custody refers to the right to make significant decisions regarding the child’s upbringing, including decisions about education, health care, and religious practices. Most often, legal custody is shared between both parents, even after a divorce. - Physical Custody
Physical custody involves the actual physical care and control of the child. The parent with physical custody is responsible for day-to-day decisions about the child’s routine. - Shared Custody
Custody may be characterized as either sole custody (one parent has full custody) or shared custody (both parents share custody). Shared custody can refer to either legal or physical custody, or both. Most custody cases tend to involve shared legal custody, with parents making joint decisions about their child’s welfare.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent interstate disputes over custody matters, ensuring that one state has exclusive jurisdiction to make decisions on child custody matters.
- Home State Jurisdiction:
The child’s “home state” is typically where the child has lived for the six months preceding the custody proceedings. If no state meets that criteria, jurisdiction is usually granted to the state where the child resided in the past six months, as long as one parent or guardian still lives there. - Exclusive Continuing Jurisdiction:
The court that initially determined custody retains exclusive jurisdiction unless:- The parties no longer reside in that state.
- The child no longer has a significant connection to that state.
- Declining Jurisdiction:
Even if a court has jurisdiction, it may decline to exercise it if another court is deemed more suitable. This can be based on factors such as:- The presence of domestic violence.
- The length of time the child has lived outside of the jurisdiction.
- The ability of the other state’s court to handle the case efficiently.
- Temporary Emergency Jurisdiction:
A court can assume temporary emergency jurisdiction if the child is at risk of harm (actual or threatened).
Best Interest of the Child:
In custody cases, the court will determine what arrangement is in the child’s best interest. The following factors are considered:
- The ability of each parent to foster a relationship between the child and the other parent.
- Any history of abuse or violence in the home.
- The need for stability in the child’s life, including consistency in education and community life.
- The relationship the child has with their siblings.
- The child’s preferences, if they are mature enough to express them.
- Each parent’s mental and physical health.
- The proximity of each parent’s residence to one another.
- The level of conflict between the parents and their ability to cooperate.
Note: Courts do not favor one parent over another based on gender, and race or religion is not a deciding factor in custody matters.
Federal Parental Kidnapping Prevention Act:
This federal law ensures that child custody determinations made in one state are respected in others, provided the jurisdiction is correct. If a parent violates the custody order, enforcement mechanisms exist to address interstate issues.
Divorce and Child Custody Lawyer R. Badet
R. Badet is a skilled and compassionate child custody and divorce lawyer serving clients in Philadelphia, Delaware County, Bucks County, and Montgomery County. He offers expert guidance and legal representation throughout the custody process, whether it’s negotiating shared custody arrangements or representing clients in contested custody battles. His practice also includes handling alimony, child support, and spousal support matters.
For a free consultation with a knowledgeable child custody lawyer in Philadelphia, visit his website or call 267-277-2641 to discuss your case.
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