Legal Question in Family Law in Rhode Island
child custody
Ive had physical custody of my 16 year old daughter, we live in the state of ri for over 3 years, her father now wants to have her live with him. The child wants to see her dad but does not want to live with him. He has filed to chaNge in the state of ND where we were divorced. What can I do to stop him from trying to take her away after all this time?
1 Answer from Attorneys
Re: child custody
It appears that North dakota no longer has jurisdiction of your child for custody, visitation and physical placement issues. Almost all states have passed the Uniform Child custody Jurisdiction and Enforcement Act(UCCJEA)
This law basically states that if a child has resided in a state for over 6 months then that state has jurisdiction over the child in all matters concerning child visitation, custody and physical placement.
It appears that Rhode Island Family Court has jurisdiction to determine custody and placement of your child pursuant to Rhode Island (RI) child custody and family law.
You need to hire an attorney In North Dakota to seek to have the matter in Noth Dakota Dismissed. You also need to file for custody in Rhode Island. You also need to file a motion in Rhode Island to have the judges from North Dakota and Rhode Island speak with each other to determine which state should exercise jurisdiction over the child.
In Rhode Island, the judges will carefully consider an older teenagers desire as to which parent they want to live with. Feel free to call me to set up a free initial consultation