After a three month maternity leave, and a few months adjusting to being a full-time working mom, I’m excited to be back to contributing my thoughts to this blog! I’m also excited to be writing on a topic that I not only find interesting but also encounter a great deal in my practice – interstate custody disputes.
Pure Home State Jurisdiction
Almost exactly a year ago, I wrote a piece about the differences between child custody laws in Massachusetts and Rhode Island with a specific focus on the differences between the Uniform Child Custody Jurisdiction Act (UCCJA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). As detailed in the previous post, Massachusetts was the lone hold-out in adopting the UCCJEA, retaining pure home state jurisdiction when determining where to litigate child custody disputes.… Keep reading
While the borders between Massachusetts and Rhode Island appear to be incredibly permeable, this is just not the case when dealing with custody of children. With few exceptions, the home state of the child is where a court proceeding for custody of that child must be commenced. The home state is defined as the state he or she has resided in for six months prior to the beginning of custody proceedings. Put a different way, the residency of the child, not the parents, determines where an initial custody proceeding must be brought.… Keep reading
Lots of us live on or close to the Massachusetts/Rhode Island state border. We don’t even think about it as we cross back and forth. But when you’re involved in a divorce and one of you moves to the other state, this can add a layer of complexity to the process. There are significant differences in some aspects of the law.… Keep reading