Interstate Custody and Visitation

In matters of divorce or separation, it is becoming increasingly common for one or both parents to move to a different state. Where this is the case, and the parents cannot resolve interstate custody or interstate visitation issues among themselves, litigation may be necessary. In such situations, confusion often arises as to which state has the authority to hear the case and issue an order of custody or visitation. The Uniform Child Custody Jurisdiction Enforcement Act (the UCCJEA previously known as the Uniform Child Custody and Jurisdiction Act, or “UCCJA”) provides guidelines for determining which state has authority to hear the case and issue an order.

We successfully argued Nadeau v. Nadeau, one of the leading interstate custody decisions in Rhode Island, addressing the limits upon “emergency jurisdiction” under UCCJEA and the Parental Kidnapping Prevention Act. We have posted the full text of the decision for online review. Our firm has worked with clients from as far away as India and Sri Lanka in family law matters arising in this state. We generally have several interstate matters open at any given time, and have handled multi-state custody litigation relating to California, Connecticut, New York, Ohio, Florida, New Hampshire, North Carolina and Texas.

Knowledgeable advice and representation from an experienced family law attorney often makes the difference in reaching a fair, mutually satisfactory agreement. When an agreement cannot be reached, success at trial may depend on the early involvement of a family law lawyer with an established track record in contested interstate custody and visitation matters. Timothy J. Conlon has practiced family law in Rhode Island for more than 20 years. During that time, he has been at the forefront of interstate custody law, and helped families fashion child visitation agreements. Attorney Conlon has helped establish father’s rights, grandparents’ rights and supervised visitation, protecting the interstate visitation rights of hundreds of clients.

If you are outside of Rhode Island, and have been served with papers in a Rhode Island Family Court proceeding, or need to protect your interests in connection with a child that resides in Rhode Island, or is the subject of a Rhode Island order, you can call or email us to discuss the specifics of your situation. If you are in Rhode Island, and your child has been or is about to be removed from the State, or you are served with papers from another state that relate to your child, we can explain the law of interstate custody, and advise you as to how to protect your rights, including the rights you may have to force litigation here. In short, if you are involved in an interstate custody dispute, seek to establish interstate visitation, or wish to modify an existing order, contact us today for information about how we can help you with your legal needs.