In Philadelphia, there are three primary types of child custody that you should be aware of:
- Legal Custody: This refers to the right to make significant decisions regarding a child’s upbringing, such as decisions about education, healthcare, and religion. Legal custody is typically shared between both parents, even after a divorce.
- Physical Custody: This pertains to the actual physical possession and care of the child. It refers to where the child physically resides.
- Shared Custody: Custody can be divided into sole (full) custody or shared custody. Shared custody can involve both legal and physical custody, and most cases involve shared legal custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent conflicts between states over custody and visitation decisions. The act outlines guidelines for determining the child’s “home state,” which holds exclusive and continuing jurisdiction:
- Home State: This is the state where the child has lived for the last six months before the custody proceedings begin.
- No Home State: If the child hasn’t lived in any state for the past six months, jurisdiction may be in the state where the child lived previously, provided a parent or guardian still resides there.
- Significant Connection: If no state has jurisdiction, a court may claim jurisdiction if there is a substantial connection to the state and the state has relevant evidence regarding the child’s well-being.
Exclusive Continuing Jurisdiction
Once a court has made the initial custody decision, it retains exclusive jurisdiction unless:
- Both parties move out of the state.
- The child no longer has a significant connection to the state.
Declining Jurisdiction
A court may choose not to exercise its jurisdiction if it determines that it is not the most appropriate forum, considering factors such as:
- Domestic violence concerns.
- The time the child has spent outside Philadelphia.
- The distance between courts.
- Financial and other practical factors.
A court may also decline jurisdiction if one parent has wrongfully removed the child from another state.
Temporary Emergency Jurisdiction
A court can assume temporary emergency jurisdiction if a child is at risk of harm or abuse, even if it does not have ongoing jurisdiction over the custody case.
Enforcement of Custody Orders from Other States
A custody order from another state can be enforced in Philadelphia by registering it with the local court. In some cases, expedited enforcement may be possible, which allows a hearing on the next judicial day after the order is served. However, enforcement may be delayed if issues arise regarding the order’s validity.
Best Interest of the Child
The primary factor in custody decisions is the best interest of the child. The court considers various factors, including:
- Which parent is more likely to foster continuous contact with the other parent.
- Any history of abuse.
- The need for stability in the child’s life, including schooling and community.
- Relationships with siblings and extended family.
- The child’s well-being and needs.
- Parental cooperation and the ability to meet the child’s daily needs.
The court gives special attention to factors that affect the child’s safety and well-being, but neither parent has a gender-based preference in custody decisions.
Federal Parental Kidnapping Prevention Act
This federal law ensures that states respect each other’s custody determinations, provided the jurisdictional requirements are met. The law also addresses the need for uniformity in custody rulings and clarifies enforcement procedures across state lines.
Other Considerations
When awarding custody, courts do not consider:
- A parent’s race or religion.
- Prior sexual conduct.
- A parent’s gender.
Divorce Lawyer R. Badet is a seasoned attorney who specializes in child custody and divorce cases. He is dedicated to helping clients navigate the complexities of child custody, alimony, and other family law matters. If you’re looking for a knowledgeable and experienced lawyer in Philadelphia, Bucks County, Montgomery County, or Delaware County, contact Divorce Lawyer R. Badet at 267-277-2641 or visit www.lawyersfordivorces.net for a free consultation. He brings extensive litigation experience and a commitment to securing the best outcomes for his clients.