There are three primary forms of child custody that parents should understand:
- Legal Custody – This involves making significant decisions about the child’s life. Usually, both parents share legal custody, even after a marriage ends.
- Physical Custody – This refers to having the child physically present in one’s care and supervision.
- Shared Custody – Custody may be classified as either sole or shared. With shared custody (also called joint custody), parents could share legal or physical rights, or both. In most situations, parents share legal custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent conflicts among states regarding child custody and visitation (including initial custody decisions and any modifications). The main points include:
- The child’s home state is typically where they have been living for the six months preceding the start of custody proceedings.
- If no state satisfies that requirement, the home state may be the one where the child resided within the last six months, provided a parent or guardian remains in that state.
- If neither of those conditions apply, and the child (plus at least one parent) has a meaningful connection to a state and there is substantial relevant evidence there concerning the child’s well-being and protection, a court in that state may enter or modify a custody order.
Exclusive Continuing Jurisdiction
The court that first decides a custody order usually keeps exclusive jurisdiction, unless:
- Neither parent nor the child resides in that state anymore, or
- The child no longer has significant ties to that state (including relevant evidence no longer available there).
Declining Jurisdiction
Even if a court technically has jurisdiction, it can opt out if it deems itself an inconvenient forum. Factors include:
- The presence or threat of domestic violence and whether another state could offer better protection.
- How long the child has lived outside Philadelphia.
- The distance between the Philadelphia court and the alternative court.
- Each party’s financial situation.
- Any agreement regarding jurisdiction.
- Where relevant evidence is located (including potential child testimony).
- The capacity of each court to handle the issue promptly.
- How familiar each court is with the facts of the case.
A court may also refuse jurisdiction if it finds “unjustifiable conduct,” such as wrongfully moving the child from a different state.
Temporary Emergency Jurisdiction
A court can assume temporary emergency jurisdiction when it needs to protect a child from immediate harm or abuse, whether threatened or already occurring.
Enforcing Another State’s Orders
Another state’s custody order can be enforced in Philadelphia by filing and registering two copies of that order with the appropriate local court. The local court can then apply any necessary measures to enforce it.
Expedited Enforcement: This process allows for a hearing on the next judicial day after service of the order. At that time, the petitioner is typically granted immediate physical custody unless:
- The order wasn’t properly registered.
- The issuing court lacked jurisdiction.
- The order was stayed or vacated.
- The respondent was entitled to notice but did not receive it before the order was issued.
- The order was stayed or vacated after registration.
Best Interest of the Child
Courts look to the child’s best interests in custody matters, assuming parents are usually the best caregivers unless proven otherwise. There is no presumption favoring the mother (the “tender years doctrine” is no longer recognized). Courts often emphasize the primary caretaker, focusing on day-to-day care and the overall quantity and quality of time each parent spends with the child at the time of the hearing.
Factors Considered:
- Which parent is more likely to encourage frequent, ongoing contact with the other parent.
- Any present or past abuse by the parent or anyone in that parent’s household.
- Each parent’s performance of parental duties.
- The child’s need for stability and continuity (education, family, community).
- Availability of extended family.
- Relationships with siblings.
- The child’s preference if they are sufficiently mature.
- Whether a parent has tried to alienate the child from the other parent, except in circumstances involving domestic violence.
- Which parent can offer a loving, stable, and nurturing environment.
- Which parent is more likely to attend to daily physical, emotional, developmental, and educational needs.
- The distance between the parents’ homes.
- Each parent’s ability to care for the child or secure suitable childcare.
- Conflict level and whether the parents can cooperate.
- Drug or alcohol issues related to a parent or household member.
- Each parent’s mental and physical condition.
- Any other relevant factor.
Courts give special consideration to factors affecting the child’s safety. There is no preference based on a parent’s gender, and the court is expected to explain its custody decisions in writing or in a recorded statement.
Federal Parental Kidnapping Prevention Act
This federal law mandates states to honor other states’ valid custody decisions. If a state’s custody order was issued without correct jurisdiction or if the issuing state violates the law, full faith and credit may be denied. Its jurisdiction standards are similar to the UCCJEA, but the federal version views emergency jurisdiction as continuing rather than temporary.
Additional Considerations in Child Custody
- Race or religion cannot be a deciding factor.
- Past sexual conduct is not, by itself, a determining factor.
- Gender cannot be a determining factor.
About Child Custody Lawyer R. Badet in Philadelphia
Attorney R. Badet offers extensive experience in divorce and child custody cases and is dedicated to guiding clients through every step of the legal process. Known as Child Custody Lawyer R. Badet in Philadelphia and nearby counties, his practice spans simple and complex divorces, alimony, spousal support, child support, and custody. He is well-versed in seeking the most favorable outcome for each situation. To learn more about your legal rights, visit www.lawyersfordivorces.net or call for a free consultation at 267-277-2641. Attorney R. Badet has a solid reputation, significant courtroom experience, and represents clients in both divorce and child custody matters. Residents in Philadelphia County, Delaware County, Bucks County, or Montgomery County who need a divorce lawyer or child custody lawyer nearby should reach out to R. Badet at 267-277-2641.
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