Child custody cases in Philadelphia typically involve three key concepts: Legal Custody, Physical Custody, and Shared Custody.
- Legal Custody
This refers to the authority to make significant decisions impacting a child’s life (e.g., education, healthcare, and religious upbringing). In most post-divorce arrangements, both parents share legal custody. - Physical Custody
This involves the day-to-day care and supervision of the child, including where the child lives on a regular basis. - Shared Custody
Sometimes called “joint custody,” this can involve sharing both legal and physical custody or just one type of custody. In many cases, parents share legal custody while one parent may have primary physical custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine which court can make or modify a child custody order. The UCCJEA seeks to prevent interstate conflicts by designating which state has proper jurisdiction.
- Home State Rule: The child’s home state is generally the place where the child has lived for at least six months before the start of any custody proceedings.
- Past Home State: If no state meets the six-month home state requirement, the court may look to where the child lived within the last six months, provided that a parent or guardian still resides there.
- Significant Connection: If no other state qualifies, a court in a state where the child and at least one parent have a meaningful connection—and where substantial evidence exists about the child’s well-being—may take or modify custody.
Exclusive Continuing Jurisdiction
Once a court issues an initial custody determination, it keeps exclusive jurisdiction unless:
- Neither parent nor child lives in that state anymore, or
- The child no longer has a significant connection with that state, making relevant evidence unavailable there.
Declining Jurisdiction
Even if a Philadelphia court has jurisdiction, it can decline to use it if it deems itself an inconvenient forum. Factors include:
- Concerns about domestic violence and the child’s safety.
- How long the child has lived outside Philadelphia.
- The distance between Philadelphia and the alternate jurisdiction.
- Each party’s financial situation.
- Any mutual agreement regarding jurisdiction.
- Access to relevant evidence (e.g., where the child’s records, witnesses, or important documents are located).
- The speed at which each state’s court can handle the case.
- Whether one party engaged in “unjustifiable conduct,” such as abducting the child to another state.
Temporary Emergency Jurisdiction
A court may use temporary emergency jurisdiction if it is necessary to shield the child from abuse or threats of harm.
Enforcing Out-of-State Custody Orders
A custody order from another state can be registered in Philadelphia for enforcement. Upon proper registration:
- The court may grant relief for enforcing the registered order.
- An expedited enforcement hearing typically occurs on the next judicial day after service. Immediate physical custody is granted unless a valid defense (e.g., a lack of jurisdiction in the issuing state or the order being voided/stayed) applies.
Best Interest of the Child Standard
Courts assume that parents are generally best suited to care for their children. The “tender years” presumption (favoring mothers for very young children) no longer applies. Instead, judges look at several factors, including:
- Which parent fosters frequent contact between the child and the other parent.
- Present and past abuse by a parent or household member.
- Each parent’s history of performing parental duties.
- The child’s need for stability (in education, community ties, and family relationships).
- The accessibility of extended family.
- The child’s bond with siblings.
- The child’s well-considered preference, if the child is old enough to express it.
- Whether one parent tried to alienate the child from the other, aside from protective measures for domestic violence.
- Which parent is more likely to provide a loving, stable, and nurturing environment.
- Which parent is more available to handle the child’s daily and special needs.
- The proximity of the parents’ homes.
- Each parent’s availability or ability to secure proper child care.
- The level of conflict and cooperation between the parents.
- Any history of drug or alcohol abuse by either parent or household members.
- The mental and physical health of each parent or household members.
- Any other relevant factor that may affect the child’s well-being.
Safety First
When weighing these factors, courts pay special attention to anything that could jeopardize a child’s safety. The court cannot give preference to a parent based on gender, race, religion, or past sexual conduct. Judges must record or provide written explanations for custody rulings.
Federal Parental Kidnapping Prevention Act (PKPA)
States are required to honor valid child custody determinations from other states, provided jurisdiction was appropriate. The PKPA’s guidelines for jurisdiction and modification largely align with the UCCJEA, though under the PKPA, emergency jurisdiction is often considered “continuing” rather than purely temporary.
Additional Guidelines
- Courts cannot base custody decisions on the race or religion of a parent.
- Past sexual conduct of a parent is not a deciding factor unless it directly affects the child’s welfare.
- Gender may not be used as a basis for determining custody.
Philadelphia Child Custody Lawyer: R. Badet
Divorce Lawyer R. Badet offers extensive experience handling both divorce and child custody matters in Philadelphia and surrounding counties (Delaware, Bucks, and Montgomery). Whether your case involves uncomplicated custody agreements or more complex disputes, he strives to secure the best possible outcomes. His practice covers divorce, alimony, spousal support, child support, and custody. If you need a Child Custody Lawyer near you or a Divorce Lawyer near you, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With a solid litigation background in Family Law and Criminal Law, he is ready to advocate effectively on your behalf.
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