Types of Child Custody:
- Legal Custody:
Legal custody refers to the right to make decisions regarding the child’s upbringing, such as education, healthcare, and religion. In most cases, legal custody is shared between the parents, even after a divorce. - Physical Custody:
Physical custody involves the actual care and control of the child, meaning where the child physically resides. It can be awarded to one parent (sole physical custody) or shared between both parents (shared physical custody). - Shared Custody:
This can refer to either legal custody, physical custody, or both. Most child custody cases involve shared legal custody, allowing both parents to make decisions together regarding the child’s welfare.
Jurisdiction for Child Custody in Philadelphia:
Philadelphia follows the Uniform Child Custody Jurisdiction and Enforcement Act to prevent disputes over child custody between states. This law provides guidelines for determining the “home state” of the child, which has exclusive jurisdiction over custody matters.
- Home State:
- The home state is where the child has lived for the past 6 months before the custody case begins.
- If no state meets that requirement, jurisdiction goes to the state where the child lived for at least 6 months in the past, provided a parent still resides there.
- If no state qualifies, a state with a significant connection to the child and relevant evidence may claim jurisdiction.
- Exclusive Continuing Jurisdiction:
The court that initially determines custody maintains jurisdiction unless:- The parties move out of that state,
- The child no longer has a significant connection with that state, or
- Relevant evidence is no longer available in that state.
- Declining Jurisdiction:
A court may decline jurisdiction if it determines that it is an inconvenient forum, considering factors like domestic violence, distance, financial circumstances, the availability of evidence, or the parties’ willingness to cooperate. - Temporary Emergency Jurisdiction:
In cases of abuse (actual or threatened), a court may temporarily assume jurisdiction to protect the child. - Enforcement of Out-of-State Orders:
Child custody orders from other states can be enforced in Philadelphia by registering the order. Expedited enforcement can be requested, with the petitioner seeking immediate physical possession of the child, unless there are issues like improper registration or jurisdiction.
Best Interest of the Child:
In custody decisions, Pennsylvania follows the “best interest of the child” standard, considering various factors:
- Factors for Determining Custody:
- The likelihood of each parent encouraging ongoing contact with the other.
- Any history of abuse.
- The stability of each home.
- The child’s relationship with siblings and extended family.
- The child’s preference (if mature enough).
- The ability of each parent to meet the child’s needs.
- Safety Considerations:
The courts give priority to factors affecting the child’s safety, such as history of domestic violence, substance abuse, and the physical and mental health of the parents. - Non-Discriminatory Factors:
- Race, religion, or gender cannot be determining factors in custody decisions.
- Prior sexual conduct is not considered unless it directly impacts the child’s well-being.
Federal Parental Kidnapping Prevention Act:
This federal law mandates that states give full faith and credit to valid child custody orders from other states, provided jurisdiction is proper. States are required to follow similar guidelines as the Uniform Child Custody Jurisdiction and Enforcement Act, including emergency jurisdiction for protecting the child.
Philadelphia Child Custody Lawyer – R. Badet
Attorney R. Badet is a respected Philadelphia child custody lawyer with extensive experience in handling both simple and complex custody cases. His expertise spans all aspects of divorce and child custody, including alimony, spousal support, and child support matters. If you are facing child custody challenges in Philadelphia, Delaware County, Bucks County, or Montgomery County, he can help ensure your legal rights are protected.
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641 to speak with an experienced attorney who understands the complexities of family law and child custody issues.
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