Child custody issues can be complex and emotionally charged, but understanding the types of custody and the legal standards that guide decisions can make a significant difference in the outcome. In Philadelphia, there are several critical aspects of child custody law you should know.
Types of Child Custody:
- Legal Custody
Legal custody refers to the right to make decisions regarding significant aspects of a child’s life, such as education, healthcare, and religion. Most often, legal custody is shared between parents, even after a marriage ends. - Physical Custody
Physical custody means the actual physical care and control of the child. This type of custody determines where the child lives on a day-to-day basis. - Shared Custody
Custody can be either sole custody (one parent has full custody) or shared custody (joint custody). Shared custody can refer to both legal and physical custody, or it may refer to one or the other. Most cases involve shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to avoid interstate disputes regarding child custody and visitation. The key elements are:
- Home State: The child’s home state is where the child has lived for the past six months before custody proceedings begin.
- Alternative Jurisdiction: If no state meets the home state criteria, jurisdiction may fall to the state where the child lived in the past six months, as long as a parent or guardian still resides there.
- Significant Connection: If no state qualifies under the above criteria, a state with a significant connection to the child and substantial evidence about the child’s care and protection may assume jurisdiction.
Exclusive Continuing Jurisdiction:
The court that initially determines custody will generally retain exclusive continuing jurisdiction unless:
- The parties no longer live in that state.
- The child no longer has significant ties to that state.
Declining Jurisdiction:
Even with proper jurisdiction, a court may decline to exercise jurisdiction if it determines the forum state is inconvenient. Factors that may influence this decision include:
- The presence of domestic violence.
- The distance between states and the availability of evidence.
- The financial situations of the parties.
- The ability of either state to decide the case quickly and effectively.
Temporary Emergency Jurisdiction:
A court may assume temporary emergency jurisdiction if there is a threat of harm or abuse to the child.
Enforcement of Other State’s Orders:
Philadelphia courts can enforce child custody orders from other states through registration. The process allows the court to take action to ensure compliance with custody decisions made in another state.
Best Interest of the Child:
Pennsylvania courts determine custody based on the best interest of the child, considering various factors, including:
- Which parent is more likely to encourage frequent and ongoing contact with the other parent.
- History of abuse.
- Each parent’s duties and responsibilities towards the child.
- Stability and continuity in the child’s life, including education and family life.
- Relationships with extended family and siblings.
- The child’s preferences (if appropriate based on age and maturity).
- Parental attempts to alienate the child from the other parent.
- Emotional, developmental, and special needs of the child.
Factors for Consideration in Custody Decisions:
Courts evaluate many factors, such as:
- Proximity of the parents’ residences.
- Parental availability to care for the child.
- History of drug or alcohol abuse.
- Mental and physical health of parents.
- The ability to cooperate and communicate between parents.
Federal Parental Kidnapping Prevention Act:
This federal law requires that states give full faith and credit to other states’ child custody determinations, provided that jurisdiction is properly established. It emphasizes that states must comply with custody orders, and failure to do so can result in penalties.
Additional Considerations for Child Custody:
- Race, religion, prior sexual conduct, and gender cannot be used to determine custody.
- Courts are obligated to explain their decisions and provide a clear rationale.
Child Custody Lawyer R. Badet
Attorney R. Badet is a highly experienced divorce lawyer and child custody attorney in Philadelphia. Whether you need help with child custody issues, divorce, spousal support, or child support, he provides dedicated legal representation. His practice spans Philadelphia, Delaware, Bucks, and Montgomery Counties.
R. Badet is committed to guiding his clients through every stage of the divorce and child custody process, ensuring that they understand their rights and options. For personalized legal counsel, call for a free consultation at 267-277-2641 or visit www.lawyersfordivorces.net.
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