Interstate Custody & Post-Judgment Modifications

Rhode Island Long Distance Visitation Attorneys

Even after a child custody order is finalized, situations can arise that would require a modification of it. At Kaplan & Associates Inc. in Providence, Rhode Island, we represent our clients in interstate custody and long distance visitation matters.

A new marriage or job can result in one of the parents moving to a different state. Being proponents of mediation at Kaplan & Associates Inc., we try to sit down with both sides and facilitate a child custody and visitation agreement through mediation. Yet, due to the emotional issues involved if a child is taken with the custodial parent, litigation may be the end result.

The first legal issue to arise will be which state has jurisdiction. Confusion is created when there are questions regarding where the case will be heard and what state will issue the custody and visitation modification. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) has set guidelines to determine which state has authority in hearing the case and issuing the child custody and visitation order.

No one will question that an out of state move affects a child. As in any other child custody matter, the courts have the best interest of the child in mind when one parent wants or needs to move away. If there is a strong bond and a healthy relationship between the child and the parent left behind, the court will take that into consideration in parenting time decisions. An established relationship must continue, even if it involves separate states.

For more information or to schedule an appointment with an experienced child custody lawyer, please contact us.