When dealing with child custody matters in Philadelphia, it’s essential to understand the different types of custody and the factors that affect custody decisions.
Types of Child Custody:
- Legal Custody: This refers to the right to make important decisions about the child’s life, including education, health care, and religious upbringing. Legal custody is typically shared by both parents, even after a divorce or separation.
- Physical Custody: This involves the actual physical care and control of the child. It determines where the child resides most of the time.
- Shared Custody: This can either refer to shared legal custody, shared physical custody, or both. The most common custody arrangement is shared legal custody, where both parents continue to make decisions regarding the child’s upbringing.
Jurisdiction for Child Custody:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to avoid inter-state disputes regarding custody. Key jurisdictional rules include:
- Home State: Generally, the child’s home state is where the child has lived for the last 6 months.
- No Home State: If no state meets this condition, the state where the child last lived for 6 months may have jurisdiction, provided at least one parent resides there.
- Significant Connection: If no state has home state jurisdiction, a court can assume jurisdiction if there is a significant connection to the state and relevant evidence exists.
Exclusive Continuing Jurisdiction:
Once a court has made an initial custody decision, it maintains exclusive continuing jurisdiction unless:
- The child or both parents move out of the state.
- The child no longer has significant ties to the state, and relevant evidence is no longer available.
Declining Jurisdiction:
A court may decline to exercise jurisdiction even if it has authority if it determines that another state is a more convenient forum based on factors such as:
- Domestic violence issues.
- The length of time the child has lived outside of Philadelphia.
- Distance between the Philadelphia court and the other court.
- Financial circumstances of the parties.
- Any agreement between the parties.
- The availability of relevant evidence.
Temporary Emergency Jurisdiction:
A court may exercise temporary emergency jurisdiction to protect the child from immediate harm, such as abuse.
Enforcement of Other State’s Orders:
Child custody orders from other states can be enforced in Philadelphia by registering the order with the local court. This allows the receiving court to provide enforcement of the custody order.
Best Interest of the Child:
The primary factor in any child custody decision is the best interest of the child. Factors include:
- Encouragement of frequent contact between the child and both parents.
- Any abuse by a parent or household member.
- The primary caretaker of the child.
- The need for stability in the child’s life, including education and community involvement.
- The child’s relationships with siblings.
- The child’s preference, if they are mature enough to make such a decision.
Additional Considerations:
Courts also consider:
- Conflict between the parents and their ability to cooperate.
- Drug or alcohol abuse.
- The mental and physical condition of the parents.
- Safety factors.
Race, religion, sexual conduct, and gender are not factors in child custody decisions.
Federal Parental Kidnapping Prevention Act:
This federal law ensures that child custody orders from one state are respected by other states if jurisdiction is proper. It also mandates that states honor custody determinations made in other states under the Uniform Child Custody Jurisdiction and Enforcement Act.
Why Choose Divorce Lawyer R. Badet:
R. Badet is an experienced child custody and divorce lawyer serving Philadelphia and surrounding counties, including Delaware, Bucks, and Montgomery counties. With expertise in child custody cases, R. Badet is dedicated to obtaining the best outcome for clients, whether the issue is simple or complex divorce, alimony, spousal support, child support, or custody matters.
For more information, or to schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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