When dealing with child custody, it’s important to understand the different types of custody and the factors involved in determining what is in the child’s best interest.
Types of Child Custody:
- Legal Custody: This gives the right to make decisions about the child’s welfare, such as health care, education, and general upbringing. In most cases, parents share legal custody even after a marriage ends.
- Physical Custody: This refers to where the child physically resides and who has day-to-day care of the child.
- Shared Custody: This can either be shared legal custody, shared physical custody, or both, where both parents participate in the care and decision-making for the child. Most cases involve shared legal custody.
Jurisdiction for Child Custody: Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent interstate disputes over custody and visitation. The guidelines for jurisdiction are:
- Home State: The state where the child has lived for at least 6 months before custody proceedings.
- If no state qualifies: Jurisdiction can be granted by a state where the child lived in the last 6 months and where one of the parents still resides.
- Significant Connection: If no state meets the above criteria, jurisdiction can go to a state with a significant connection to the child.
Exclusive Continuing Jurisdiction: Once a court makes the initial custody determination, it continues to have exclusive jurisdiction unless:
- The parents no longer live in that state.
- The child no longer has a significant connection to the state.
Declining Jurisdiction: Even with proper jurisdiction, a court may decline to exercise jurisdiction if it determines the case is more appropriately handled by another state, based on factors like:
- The location of evidence, including the child’s testimony.
- The presence of domestic violence.
- The financial circumstances of the parties.
Temporary Emergency Jurisdiction: A court may assume temporary emergency jurisdiction to protect a child from abuse or harm.
Enforcement of Custody Orders: Courts may enforce custody orders from another state through registration of the order. If properly registered, enforcement is expedited.
Best Interest of the Child: In child custody cases, the court always prioritizes the child’s best interests. Courts no longer presume custody in favor of the mother but look at various factors including:
- The ability of each parent to encourage contact with the other parent.
- The history of abuse.
- Parental duties and stability in the child’s life.
- The child’s relationships with siblings and extended family.
Additional Custody Considerations:
- Race, religion, prior sexual conduct, and gender cannot determine custody decisions.
- The Federal Parental Kidnapping Prevention Act requires that states give full faith and credit to another state’s child custody determination when jurisdiction is proper.
Child Custody Factors Considered by the Court:
- Encouragement of frequent contact with both parents.
- History of abuse.
- Stability and continuity in the child’s life.
- The child’s preference, depending on their age and maturity.
- The proximity of each parent’s residence.
- The level of conflict between parents.
Experienced Child Custody Lawyer: Divorce and child custody lawyer R. Badet is dedicated to supporting clients through the complexities of divorce and custody matters. Known for his expertise in family law, he can help you navigate custody battles, child support, spousal support, and more. With years of experience and a commitment to protecting your rights, R. Badet offers compassionate legal representation.
If you’re in need of a divorce lawyer or child custody lawyer in Philadelphia, Delaware County, Bucks County, or Montgomery County, reach out for a free consultation at 267-277-2641 or visit lawyersfordivorces.net for more information.
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