There are three main forms of child custody to understand:
- Legal Custody – This is the authority to make decisions about the child’s life. In most cases, parents continue to share legal custody even after a marriage ends.
- Physical Custody – This involves having the child physically in one’s care, meaning direct responsibility for the child’s day-to-day needs and supervision.
- Shared Custody – Custody can be held by one parent exclusively (sole custody) or jointly by both parents (joint custody). Shared custody may apply to legal custody, physical custody, or both. Most arrangements feature shared legal custody.
Jurisdiction for Child Custody
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to avoid conflicts between states over child custody and visitation (including initial rulings and modifications). This act sets out rules to identify the child’s “home state,” which typically has exclusive continuing jurisdiction:
- The child’s home state is usually where the child currently lives and has lived for six months prior to the custody case.
- If no state satisfies that requirement, then jurisdiction belongs to the state that was the child’s home state within the previous six months, as long as a parent or guardian still resides there.
- If no state meets the above criteria, but the child and at least one parent have a strong connection to a certain state—along with substantial evidence about the child’s wellbeing located there—a court in that state may issue or modify a custody ruling.
Exclusive Continuing Jurisdiction
The court that issues the initial custody order maintains exclusive jurisdiction unless:
- Neither parent resides in that state anymore, or
- The child no longer has a significant connection to that state, which includes lack of meaningful evidence there.
Declining Jurisdiction
Even if a court has proper jurisdiction, it may decide not to use it if it deems itself an inconvenient forum. Factors include:
- Any history of domestic violence and which state is better suited to protect the child.
- How long the child has lived outside Philadelphia.
- The distance between Philadelphia’s court and another court that could take the case.
- Each party’s financial situation.
- Whether the parties have reached an agreement about jurisdiction.
- The type and location of relevant evidence (including the child’s possible testimony).
- How quickly each state’s court can resolve the issues.
- Each court’s familiarity with the facts and issues in the case.
A court can also refuse jurisdiction if a parent or guardian acted improperly (for instance, wrongfully removing a child from another state).
Temporary Emergency Jurisdiction
A court may assume temporary emergency jurisdiction to protect a child from actual or threatened abuse.
Enforcing Another State’s Orders
Enforcement of an out-of-state custody order can involve registering that order with the appropriate Philadelphia court by providing two copies. After registration, the court can grant any relief necessary to ensure the order is followed.
Expedited Enforcement
A hearing will be scheduled on the first court day after service of the order, requiring the respondent to return the child promptly, unless:
- The order was not properly registered.
- The original court that issued the order lacked jurisdiction.
- The order has been stayed or voided.
- The respondent did not receive adequate notice before the order was issued.
- The order was stayed or voided after its registration.
Best Interests of the Child
Custody decisions are guided by the principle that parents are best positioned to care for their children, unless shown otherwise. Courts no longer presume the mother should have custody of young children. Often, judges look at who has provided the most consistent care after the parents have separated. In Philadelphia, the “primary caretaker doctrine” focuses on daily care and the quantity and quality of time spent with the child at the time of the hearing.
When determining a child’s best interests, courts consider factors such as:
- Which parent is more likely to promote a positive relationship with the other parent.
- Present or past abuse by a parent or member of that household.
- Each parent’s fulfillment of parental duties.
- The child’s need for stability and continuity in family, education, and community.
- The role of extended family.
- The child’s relationships with siblings.
- The child’s reasonable preference, given maturity and judgment.
- Whether a parent has tried to alienate the child from the other parent, except in cases involving domestic violence.
- Which parent offers a loving, stable, consistent, nurturing environment.
- Which parent is better able to meet the child’s everyday physical, emotional, developmental, and educational needs.
- How close the parents live to one another.
- Each parent’s capacity to care for the child or arrange suitable childcare.
- The level of conflict and willingness to cooperate for the child’s benefit.
- Any history of substance abuse by a parent or household member.
- Mental and physical health concerns of a parent or household member.
- Any other factor relevant to the child’s safety and well-being.
Courts give particular weight to anything that impacts a child’s safety. No preference is given based on gender, and the court must explain its reasoning on the record or in writing.
Federal Parental Kidnapping Prevention Act
This federal law requires states to respect another state’s valid child custody determinations. A court that fails to adhere to the Act might lose the benefit of having its orders recognized elsewhere. Its rules on jurisdiction and modification are generally similar to those in the Uniform Child Custody Jurisdiction and Enforcement Act, though the federal statute treats emergency jurisdiction as ongoing rather than temporary.
Additional Considerations
- Race or religion cannot be deciding factors.
- Past sexual history is not a deciding factor.
- Gender is not a deciding factor.
Divorce Lawyer R. Badet is a skilled divorce and child custody attorney who supports clients through every stage of their cases. Known in Philadelphia and nearby counties as Child Custody Lawyer R. Badet, his practice addresses straightforward and complex divorces, alimony, spousal support, child support, and child custody. He has the experience to secure the best possible resolution for your situation. Visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation. He is respected for his many years of practice, representing clients in both Divorce and Child Custody matters. If you need a Divorce Lawyer or a Child Custody Lawyer in Philadelphia, Delaware, Bucks, or Montgomery County, get in touch with Divorce Lawyer R. Badet at (267) 277-2641.
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