Often, when one parent of a child moves out of state and the other remains in state, issues of jurisdiction arise when parents need to use the court system to resolve disputes. These jurisdiction questions increase in importance if the child or children move out of state also.

Jurisdiction determines which states court can hear the case. If a parent from RI moved to Florida, nobody would think its right to file a case in Colorado. Could they file in Florida? It depends.

To solve these issues, each state has adopted their own set of statutes, often referred to as a state’s version of the “Uniform Child Custody Jurisdiction Act” (UCCJA) or “Parental Kidnapping Prevention Act” (PKPA). In Rhode Read more…

Custody & Placement, Interstate Enforcement & Modification posts

Link to Case PDF

This pivotal case is the centerpiece in any litigation regarding relocation of children out of the State of Rhode Island.  The case came about when a judge implemented a trial Justice denied a petition to allow the removal of the child from the jurisdiction on the basis that there was “no compelling reason to do.”

The RI Supreme considered that standard incorrect, and laid out certain factors to be considered in any relocation matter.  With the understanding that the “best interest of the children” is the foremost consideration when Read more…

Child Relocation, Custody & Placement, Interstate Enforcement & Modification case law, relocation