Legal Question in Family Law in Rhode Island
Moving My family (w/ children) out of state
My new (married only 3 1/2 years ) husband ahd I were thinking of moving out of the state if he finds a better job for which he has been searching for. My ex-husband thinks we are trying to take the children away from him. This state really has no good offerings for either of us. My ex as of late rarely pays his child support on time. He told me he would fight the move. He also only sees the kids except on sundays for a few hours and never offers to help take them any other time. How big a fight will I have to do this?
1 Answer from Attorneys
Re: Moving My family (w/ children) out of state
Thanks for the email. You cannot move out of state if your husband has visitation rights and as a result of the move you will not be able to provide the visitation as agreed or ordered.
Furthermore, if there is a restarinaing order you cannot move out of state. You should consult with a lawyer before doing anything. I would be happy to set up a free initial consult. My number is 401-437-1100.
If your ex husband objects to you moving , the matter will probably be decided by a judge in family court. The judge will ultimatley determine the matter by looking at the best interest of the child. It will be importnat to show the judge that you will provide reasonable visitation despite the move and that the child will have a better life in the new place. Important factors include job possibilites, school , activities and proximity to family.
David Slepkow
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