There are three main types of child custody to understand:
- Legal Custody: This grants the right to make decisions regarding the child’s life, such as education, health care, and religious upbringing. Typically, legal custody is shared by both parents, even after a marriage ends.
- Physical Custody: Refers to where the child physically lives and who is responsible for their daily care.
- Shared Custody: Custody can be classified as sole custody (one parent has full custody) or shared custody (both parents share custody). Most cases involve shared legal custody, where both parents make major decisions for the child.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent disputes between states over child custody and visitation. It helps determine which state has jurisdiction over the case.
- Home State: The home state is where the child has lived for six months prior to the start of custody proceedings.
- Alternative Jurisdictions: If no state meets the criteria, the state where the child lived within the last six months may have jurisdiction, provided at least one parent still lives there.
- Significant Connection: If no state qualifies based on the child’s residence, a state where the child or at least one parent has significant connections and relevant evidence may assume jurisdiction.
Exclusive Continuing Jurisdiction:
Once a court makes an initial custody decision, it continues to hold jurisdiction unless:
- The parties no longer live in that state.
- The child no longer has significant connections to that state.
Declining Jurisdiction:
A court may decline jurisdiction even if it has proper authority if it’s deemed inconvenient. Factors for this include:
- Domestic violence concerns.
- How long the child has lived outside Philadelphia.
- Distance between courts.
- Financial situations of the parties.
- Agreements between the parties regarding jurisdiction.
- Availability of evidence or the child’s testimony.
- Ability of courts to handle the issue quickly.
Temporary Emergency Jurisdiction:
A court can assume temporary emergency jurisdiction if the child is in immediate danger of harm.
Enforcement of Other State’s Orders:
Philadelphia can enforce a custody order from another state by registering it with the court. This can lead to immediate relief and enforcement if the order is valid and registered properly.
Expedited Enforcement:
The court may expedite enforcement by requiring a hearing on the first judicial day after the order is served, unless certain conditions invalidate the order.
Best Interest of the Child:
The primary standard used in child custody cases is the Best Interest of the Child. Courts focus on which parent is more likely to support a relationship with the other parent. The court no longer presumes custody for the mother, even in cases with young children. Instead, the primary caretaker, who has provided daily care for the child, is considered a strong factor.
Factors for Determining Custody:
When deciding custody, courts consider various factors, including:
- Which parent is more likely to foster frequent contact between the child and the other parent.
- Any history of abuse.
- The stability of the child’s environment.
- The ability of each parent to meet the child’s needs.
- Proximity of each parent’s residence.
- The child’s preferences, based on their age and maturity.
Other factors include the history of substance abuse, mental health, and the level of conflict between the parents.
Federal Parental Kidnapping Prevention Act:
This act mandates that states must recognize and enforce custody determinations from other states, provided jurisdiction is proper. It also outlines how emergency jurisdiction should be applied in cases of child abduction.
Additional Considerations:
When awarding custody, the court does not consider race, religion, gender, or prior sexual conduct as determining factors.
Child Custody Lawyer R. Badet:
Divorce and child custody lawyer R. Badet is dedicated to helping clients navigate the complex child custody process. With years of experience in family law, he offers comprehensive services to ensure the best outcome in custody disputes. Whether you’re dealing with simple or complex custody cases, he has the legal expertise needed. To learn more about your rights or schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.