Understanding child custody is critical for navigating custody cases in Philadelphia. There are three main types of custody arrangements:
- Legal Custody: The authority to make decisions about a child’s life, such as education, healthcare, and welfare. This is often shared by parents, even after separation or divorce.
- Physical Custody: Refers to who the child lives with and who has day-to-day care and control of the child.
- Shared Custody: Custody can be shared legally, physically, or both. Most cases involve shared legal custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent inter-state disputes over custody and visitation.
- Home State Rule: The child must have lived in the state for at least six months before custody proceedings begin.
- If no state qualifies, the state with significant connections and relevant evidence regarding the child’s care may assume jurisdiction.
- Exclusive Continuing Jurisdiction: The state that made the initial custody determination retains jurisdiction unless all parties leave the state or the child loses significant connections to it.
Declining Jurisdiction
A court with proper jurisdiction may decline to exercise it if deemed an inconvenient forum. Factors considered include:
- Domestic violence and the safety of the child.
- Length of time the child has lived outside Philadelphia.
- Distance between courts in question.
- Financial circumstances of the parties.
- Availability and location of evidence.
- The ability of each court to resolve the case efficiently.
Temporary Emergency Jurisdiction
Philadelphia courts may assume temporary jurisdiction to protect a child from abuse or imminent harm.
Enforcement of Custody Orders
Courts can enforce custody orders from other states by registering the order and requesting enforcement. Expedited hearings ensure immediate action to return the child to the rightful custodian unless legal objections are raised.
Best Interests of the Child
Decisions regarding custody are based on the Best Interest of the Child standard, which evaluates factors such as:
- The ability of each parent to encourage contact with the other parent.
- History of abuse or neglect.
- Stability and continuity in the child’s life, including education and community ties.
- Relationships with siblings and extended family.
- The child’s preference, considering their maturity and judgment.
- The parents’ willingness to cooperate and the level of conflict between them.
Factors Courts Cannot Consider
- Race, religion, prior sexual conduct, and gender are not permissible factors in determining custody.
Federal Parental Kidnapping Prevention Act
This act ensures state courts respect custody determinations made in other states if jurisdiction was proper. Emergency jurisdiction provisions differ slightly under this act, as they allow for continuing jurisdiction.
About Child Custody Lawyer R. Badet
R. Badet is an experienced attorney specializing in divorce and child custody cases in Philadelphia and surrounding counties. His expertise includes handling complex custody disputes, child support, and spousal support. Known for his dedication and client-focused approach, R. Badet strives to achieve the best outcomes for his clients.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. Serving Philadelphia, Delaware, Bucks, and Montgomery Counties, R. Badet is a highly respected lawyer with years of experience in both divorce and child custody matters.
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