Legal Question in Family Law in Rhode Island

Re: Relocation of minor child out and child custody

In Rhode Island Family Law, if there is a visitation order you may relocate the children out of state but only if you comply with all visitation order. You cannot obviously move if there is a restraining order preventing you from relocating. I strongly suggest that you retain a Rhode Island attorney/ lawyer to represent you.

If you are moving too far to comply with the visitation orders then you must file a motion to relocate out of state.

The Rhode Island Family Court will make the determination as to whether or not you will be allowed to relocate based on the Best interest of the minor child. The Case could take many months and could result in a trial.

There are many factors that the Rhode Island (RI) Family Court will look at in determining whether or not you will be able to relocate with the minor child out of state.

Please read the case of : Dupr� v. Dupr�.

This is the seminal case in Rhode Island (RI) regarding relocation of minor children out of state.

The Rhode Island Supreme Court stated the following concerning Relocation in divorce and Family law cases:

"We hold, therefore, that parties either seeking or opposing the

relocation of their minor children should present relevant evidence concerning the following

factors so that the court may make appropriate findings:

(1) The nature, quality, extent of involvement, and duration of the child�s relationship

with the parent proposing to relocate and with the non-relocating parent....

(2) The reasonable likelihood that the relocation will enhance the general quality of life

for both the child and the parent seeking the relocation, including, but not limited to, economic

and emotional benefits, and educational opportunities... (3) The probable impact that the relocation will have on the child�s physical, educational,and emotional development.

(4) The feasibility of preserving the relationship between the non-relocating parent and

child through suitable visitation arrangements, considering the logistics and financial

circumstances of the parties...

(5) The existence of extended family or other support systems available to the child in

both locations... (6) Each parent�s reasons for seeking or opposing the relocation...

(7) In cases of international relocation, the question of whether the country to which the

child is to be relocated is a signatory to the Hague Convention on the Civil Aspects of

International Child Abduction will be an important consideration...

(8) To the extent that they may be relevant to a relocation inquiry, the Pettinato factors

also will be significant...9 We reemphasize that our recitation of factors to be considered is not

intended to be exhaustive. Nor is any one factor dispositive. Each case will present its own

unique circumstances that a trial justice must balance and weigh as he or she deems appropriate."

Please call Rhode Island attorney / lawyer David Slepkow.