Posted by DivorceLine in Pennsylvania Child Custody Laws
In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. In addition, the court shall consider each parent and adult household member’s present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act. The court shall award sole custody when it is in the best interest of the child. Also, an order for shared custody may be awarded by the court when it is in the best interest of the child:
Upon application of one or both parents. When the parties have agreed to an award of shared custody.
[Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 5303]
Jurisdiction is the imaginary fence that separates the subjects one court hears from another. There are two types of jurisdiction: personal and subject matter. The court must have both types of jurisdiction to hear a case. Personal jurisdiction, the power to require a person to appear in court, is discussed in the Service of Process section of this Web site. The Circuit Court is the court in Pennsylvania with jurisdiction to hear matters of Custody and Visitation. To have jurisdiction over your specific custody or visitation case the court will require one of the following:
* Pennsylvania is the home state of the child (lives in state, goes to school in state) and the parent has sufficient contact with the state (works, votes, lives, pays taxes in Pennsylvania).
* Pennsylvania was the child’s home state within the last six months and the parent filing for custody continues to live in Pennsylvania and the child is absent from the state because another person took them out of Pennsylvania claiming custody.
* The child and at least one of the parents have significant connection with Pennsylvania (live, work, go to school here) and in Pennsylvania there are more records and witnesses to give evidence of the child’s present or future care, protection, training and personal relationships.
* The child is physically present in Pennsylvania and was abandoned or emergency protection is necessary (the child was threatened or subjected to abuse or neglect).
* No other state would have jurisdiction based on 1,2,3, or 4 above.
* Another state says Pennsylvania has jurisdiction.
* Child was removed from Pennsylvania and the Uniform Child Custody Jurisdiction Act does not apply and no other state has jurisdiction, then Pennsylvania will have jurisdiction if:
* Pennsylvania was where the married couple lived, paid taxes, voted, etc., but the parents are now currently separated or divorced or Pennsylvania was where the marriage contract was last performed.
* One parent is a resident of Pennsylvania and was a resident when the child was removed.
* Court has personal jurisdiction over the parent who has removed the child.
The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Pennsylvania, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Pennsylvania, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child.
