Legal Question in Family Law in Rhode Island

Moving within the state with an Ex and children.

Can I pull my children out of the school system they are currently in, to go to another school with the same ranking within the state. My ex said he is going to fight me on this issue. Can he stop me from moving within the state?


Asked on 5/29/08, 9:13 am

2 Answers from Attorneys

David Slepkow Slepkow Slepkow & Associates, Inc.

Re: Moving within the state with an Ex and children.

If he has joint custody of your child, he can attempt to stop you from relocating your child within the state of Rhode Island. This attempt will probably be unsuccessful. Most RI family Court Judges take the position that Rhode Island is a small state and therefore moving the child will not be too much of a burden on the parent without physical placement of the child. If there are any problems please consult a Rhode Island (RI) Family law and Divorce attorney / lawyer.

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Answered on 6/02/08, 5:21 pm
Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: Moving within the state with an Ex and children.

Your Ex-spouse can certainly try to prevent you from moving your children within the state. However, it is unlikely that your ex-spouse will be successful about the move if you have placement of the children and you have any basis for at all for the move.

Keep in mind that if your ex-spouse has joint legal custody of the children then he has the right to voice his argument against the move since education is part of joint legal custody and both parents have an equal say regarding educational decisions.

You note that the school is within the State of Rhode Island and the move to another school with the same ranking. If you are the placement parent it is unlikely that your ex-spouse would prevail at court.

My best to you in this situation and in all your life's endeavors.

If you are in need of my assistance feel free to email me at [email protected]

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Answered on 5/30/08, 6:52 am


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