Legal Question in Family Law in Rhode Island

Re: Can my daughter move out of state with her son??

If a Rhode Island Family Court has issued an Order that your daughter and the father of the child have joint legal custody, then your daughter must petition the Rhode Island Family Court in the county family court in RI that issued the original custody order for permission to move from the State of Rhode Island permanently with the minor child.

Your daughter can only move outside the state with her son if the family court grants her permission to do so.

This is not a matter that any person should handle by himself or herself in the family court. I suggest you contact me or another experienced full-time family law lawyer or divorce attorney if your daughter plans to move with her son.

Moving from Rhode Island without a Rhode Island Family Court Order could possibly subject your daughter to kidnapping or child snatching charges which are criminal offenses and therefore it is not advisable to do so.

If you are in need of my services, I have handled cases such as these and I would be happy to assist you.

Whatever you choose to do, I wish you, your daughter and your grandson the very best in this very difficult situation.

Re: Can my daughter move out of state with her son??

As a pure legal matter, whether your daughter can relocate from Rhode Island to Florida with her child depends on the circumstances. Are there any court orders in place? If there are visitation or custody orders in place, your daughter cannot move if relocating would put her in violation of any Court orders.

If she violates any court order she could be subjecting herself to kidnapping charges or a contempt petition.

Always contact a Rhode Island (RI) divorce and family law lawyer / attorney before making this important decision. If there are no Court orders then either party is free to relocate the minor child out of Rhode Island to another state.

However, be very careful. Dad can file an emergency petition seeking that the child be returned back to Rhode Island. If she moves without his permission there is a substantial chance that she will be ordered back. There may even be a possibility that the child will be ordered in the temporary care of the father.

The only way she can protect herself is filing a petition to relocate and the Court would determine the issues based on the factors set forth in the Dupre v. Dupre case.

The following factors are important in a child relocation case:

"(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."

Quote from Rhode Island Supreme Court Case Dupre v. Dupre.

Also, there are moral issues that she should look at. Is the move in the best interests of her child. Who is the primary caretaker? What effect will the move have on the child. What efforts will she make to foster a relationship with the child and the parent.

If she is concerned about the morality of removing the children without fathers permission or if she is concerned with being ordered to return the children to Rhode Island then she should file a petition for custody and placement of the children as well as a petition for relocation of the minor children

The Court will look at the dupre factors as well as the custody factors concerning the best interest of the children in determining whether she will be allowed to relocate.