Custody: Interstate Custody Litigation
Mr. Fayne has represented parents and grandparents who are trying to enforce parenting time (child visitation) rights across state lines. Interstate litigation can be very difficult, and must be approached with great care.
Interstate litigation can arise when a custodial parent who has moved to another state has to litigate over "parental kidnapping" by the non-custodial spouse, who may have disappeared with the children or may simply be refusing to return them at the end of a period of visitation.
Interstate litigation can also arise when the non-custodial parent seeks to gain custody, or to enforce parenting time (child visitation) across state lines. As more states grant "grandparenting time" rights, grandparents increasingly find themselves trying to enforce their right to see granchildren who live with their child's former spouse in another state.
One of the most troubling ways that interstate litigation can arise is when a parent takes the children to another state, and files for divorce and custody in that state. If abuse is not a factor, and your spouse has filed for divorce in another state, you need to act quickly with competent counsel to protect any right you have to argue the divorce and custody case where you live, and not in a distant state.