Legal Question in Family Law in Rhode Island
I'm divorced with a 7 yr old son that lives with me. I would like to move to another state, but i'm afraid my ex-husband won't allow it. Is there a legal way to go about this?
thank you in advance,
Donna Peterson
1 Answer from Attorneys
Yes, there most certainly is. You can file a Petition to Move the Minor Child out of Rhode Island in the Rhode Island family court. Your ex-husband can oppose you, but the state of the law right now is in favor of the custodial parent moving with the minor child if there is a decent reason for doing so. As long as the reason is not to deprive the non-custodial parent of any time or rights with the minor children (i.e. it is vindictive) then the court is more likely to grant the request than not.
The move should generally be in the best interests of the minor child or children as determined by the family court judge under the standards set forth in the case of Petinato v. Petinato.
This can be a more complicated issue than most. I strongly recommend speaking with an experienced family law attorney before taking any action like this on your own.
If you need further information, please do not hesitate to contact me about either representation or the possibility of coaching in this situation. I can be reached at (401) 632-6976.
My very best to you in this situation whatever you decided to do.