Philadelphia Child Custody Lawyer

In Philadelphia, child custody is classified into three main types:

Legal Custody – Grants a parent the authority to make important decisions regarding the child’s upbringing, including education, healthcare, and religious practices. In most cases, legal custody is shared between both parents, even after divorce.
Physical Custody – Refers to where the child lives and which parent provides daily care and supervision.
Shared Custody – Can involve either joint legal custody, joint physical custody, or both. In most cases, parents share legal custody.

Jurisdiction Over Child Custody in Philadelphia

Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent conflicts between states regarding child custody and visitation rights. This law establishes clear rules for determining jurisdiction in initial custody orders and modifications.

Key jurisdictional rules:

The child’s home state is typically where the child has resided for at least six months before custody proceedings begin.
If no state meets this criterion, jurisdiction may be granted to a state where the child previously lived within the past six months, provided one parent still resides there.
If no state qualifies, jurisdiction may be assigned to a state where the child and at least one parent have significant connections and where substantial evidence exists regarding the child’s welfare.

Exclusive Continuing Jurisdiction

The court that initially establishes custody retains jurisdiction unless:

Neither parent lives in that state anymore.
The child no longer has a significant connection to that state.

Declining Jurisdiction

A court with proper jurisdiction may decline to exercise it if it determines another state is better suited to handle the case. Factors include:

Domestic violence and the ability of the state to protect the child.
How long the child has lived outside of Philadelphia.
The financial situation of the parents.
Agreements between the parents regarding jurisdiction.
The ability of each state’s courts to efficiently resolve the case.
The relevance and availability of evidence, including the child’s testimony.
Any unjustifiable conduct, such as the wrongful removal of a child from another state.

Temporary Emergency Jurisdiction

A Philadelphia court can assume temporary emergency jurisdiction to protect a child from immediate harm or abuse.

Enforcing Out-of-State Custody Orders

Custody orders from other states can be enforced in Philadelphia by:

Registering the order with a Philadelphia court.
Requesting expedited enforcement, which requires a court hearing on the next judicial day after the order is served.

Immediate custody may be granted unless:

The order was improperly registered.
The issuing court lacked jurisdiction.
The order was previously stayed or vacated.
A parent was denied proper notice.

Best Interest of the Child Standard

Custody decisions are made based on what is in the best interest of the child. Courts no longer automatically favor the mother, even for young children. Instead, the focus is on which parent has served as the child’s primary caretaker and provides the most stable and nurturing environment.

Factors Considered in Child Custody Cases

When determining custody, the court evaluates multiple factors, including:

Which parent is more likely to foster a strong relationship between the child and the other parent.
Any history of abuse by a parent or household member.
The parental responsibilities each parent has fulfilled.
The child’s need for stability in their home, school, and community.
The availability of extended family support.
The child’s relationship with siblings.
The child’s preference (if mature enough to express a reasoned opinion).
Attempts by either parent to alienate the child from the other parent (except in cases involving abuse).
Which parent provides a loving, stable, and nurturing environment.
Each parent’s ability to meet the child’s daily physical, emotional, and educational needs.
The proximity of the parents’ residences.
Each parent’s availability to care for the child.

Other important considerations include:

The level of conflict between the parents and their ability to cooperate.
Any history of substance abuse.
The physical and mental health of each parent.
Any other relevant factors impacting the child’s well-being.

Federal Parental Kidnapping Prevention Act

This federal law ensures that all states must recognize and enforce valid child custody orders from other states. If a state fails to comply, its custody order may not be given full legal effect. The Act also grants continuing jurisdiction in emergency cases of parental kidnapping.

Additional Considerations in Child Custody Cases

Race and religion cannot be deciding factors in custody rulings.
Past sexual conduct of a parent is not considered unless it directly affects the child’s well-being.
Gender cannot be a factor in awarding custody.

Experienced Child Custody Representation in Philadelphia

Attorney R. Badet is a skilled child custody and family law attorney dedicated to helping clients navigate complex custody disputes. Known throughout Philadelphia, Delaware County, Bucks County, and Montgomery County, he provides legal representation in:

Child Custody & Visitation
Divorce and Spousal Support
Child Support Matters
Family Law Disputes

To learn more about your legal rights and custody options, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.