Legal Question in Family Law in Rhode Island
Joint custody
My ex and I have joint custody and I am the one who has my daughter five days a week. He is supposed to have her Wed overnights and Sat overnights. However, his mother ends up watching her at those times mostly. I do not want her spending so much time with the grandmother and told him that I would keep her if she is just going to be with the grandmother. He lies and tells me that she won't go there but I know she still goes all the time. What can I do to stop this?
Second (and Last) question- I am looking to possibly move out of state and bring my daughter with me obviously. Because I chose joint custody instead of sole custody, do I have to have his permission to move? I know he would never give it to me so is there some other way that I could make this possible?
1 Answer from Attorneys
Re: Joint custody
You can take your ex-spouse back to court and file a Motion to Modify Visitation requesting that visitation be limited to days when your ex-spouse is going to be present with his daughter and that if he is not going to be present with his daughter for more than a 3 or 4 hour period on either of his visitation nights that the child should be returned to your care.
You will need an Order from the Family Court to move out of state with your daughter. However, as many people do you have misunderstood this as a custody issue when it is actually a placement issue.
Yes, it is possible to be granted permission to move out of the state permanently with your daughter. However, I would strongly recommend that if you file a motion/petition with the court for this type of relief that you engage a full-time family law practitioner.
If you need further legal assistance in this regard, please feel free to contact me for a low-cost consultation to discuss your options.
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