There are three primary types of child custody: (1) Legal Custody, (2) Physical Custody, and (3) Shared Custody.
- Legal Custody: This refers to the right to make important decisions about the child’s life. In most cases, parents share legal custody, even after a marriage ends.
- Physical Custody: This involves the actual physical care and control of the child. It refers to where and with whom the child lives.
- Shared Custody: Custody can be categorized as either sole (full) custody or shared custody (joint). Shared custody can be either legal, physical, or both, with most cases involving shared legal custody.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), designed to avoid interstate disputes over custody and visitation. It establishes rules to determine the child’s “home state,” which has exclusive and continuing jurisdiction over custody decisions.
- Home State: The state where the child has lived for the past six months before the custody proceedings began.
- No Home State: If no state meets the above criteria, jurisdiction may go to the state where the child lived within the past six months, provided at least one parent or guardian still resides there.
- Significant Connection: If no state qualifies, a court may take jurisdiction if the child and at least one parent have significant ties to the state and there is substantial evidence regarding the child’s well-being.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody determination, it generally retains exclusive jurisdiction unless:
- The parties no longer live in the state.
- The child no longer has a substantial connection to the state, including the availability of relevant evidence.
Declining Jurisdiction:
Even if a court has proper jurisdiction, it may decline to exercise it if the forum is deemed inconvenient, based on factors such as:
- Domestic violence concerns and the state’s ability to protect the child.
- The child’s length of residence outside Philadelphia.
- The distance between Philadelphia’s court and another state’s court.
- The financial circumstances of the parties.
- Agreements made by the parties regarding jurisdiction.
- The location and nature of relevant evidence.
- The ability of each court to resolve the issue quickly.
- A court may also decline jurisdiction due to “unjustifiable conduct,” such as a wrongful removal of a child from another state.
Temporary Emergency Jurisdiction:
A court may assume temporary emergency jurisdiction if the child is in danger of abuse or neglect.
Enforcement of Orders from Other States:
To enforce a child custody order from another state, the order can be registered with the appropriate court in Philadelphia. This allows the court to take action to enforce the order.
Expedited Enforcement: If a court order is registered and the petitioner seeks immediate physical custody, a hearing will occur the first judicial day after the order is served unless there are specific issues with the order’s validity.
Best Interest of the Child:
In custody cases, courts focus on the best interest of the child and no longer favor mothers over fathers, even for younger children. The primary caretaker, who has been the child’s main caregiver after separation, is often seen as a strong indicator in custody decisions.
Factors Considered in Custody Decisions:
When determining the best interest of the child, courts take into account various factors, including:
- Which parent is more likely to encourage continued contact with the other parent.
- History of abuse by either parent or household members.
- Parental responsibilities performed by each party.
- The need for stability in the child’s life.
- The availability of extended family and the child’s relationship with siblings.
- The child’s well-reasoned preferences, depending on their maturity.
- The willingness of either parent to turn the child against the other, except in cases of domestic violence.
- Which parent is more likely to maintain a loving and stable relationship with the child.
- Each parent’s ability to meet the child’s daily needs.
- The proximity of each parent’s residence.
- The level of conflict between the parents and their ability to cooperate.
- History of drug or alcohol abuse by a parent or household member.
- The mental and physical health of the parents.
Note: The court cannot make custody decisions based on gender, race, religion, or prior sexual conduct. Courts must explain their decisions clearly, either in writing or on the record.
Federal Parental Kidnapping Prevention Act:
This federal law requires states to honor custody determinations from other states if jurisdiction is proper. The Act aims to prevent parental kidnapping by ensuring consistency in custody decisions across states.
Additional Considerations:
When awarding child custody, courts cannot consider factors like race, religion, gender, or prior sexual conduct. The focus remains on the child’s safety and well-being.
Attorney R. Badet is a skilled child custody and divorce lawyer dedicated to helping clients through every step of the process. He handles a variety of cases, including complex divorces and child custody issues, and is well-respected for achieving favorable outcomes. Visit his website for more information or call for a free consultation at 267-277-2641. If you live in Philadelphia, Delaware County, Bucks County, or Montgomery County, Attorney R. Badet is available to provide expert legal assistance.