Legal Question in Family Law in Rhode Island

Relocating the minor child from Rhode Island (RI) to another state

As a pure legal matter, whether you can leave or not depends on if there are any court orders in place. If there are visitation or custody orders in place, you cannot move if leaving would put you in violation of any Court orders.

If you violate any court order you could be subjecting yourself to kidnapping charges.

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. The mom can file an emergency petition seeking that the child be returned back to Rhode Island to her care. If you move without permission there is a substantial chance that you will be ordered back and the child will be ordered in the temporary care of mom.

At this point you would need to file a petition to relocate and the Court would determine the issues based on the factors set forth in the Dupre v. Dupre case.

However, since you already took the child without the Court's permission your chances of winning a relocation case would be compromised. The factors are set forth below:

"(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 you should look at. Is the move in the best interests of your children. Who is the primary caretaker? What effect will the move have on the children. What efforts will you make to foster a relationship with the child and the parent.

If you are concerned about the morality of removing the children without their mothers permission or if you are concerned with being ordered to return the children to Rhode Island then you 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 you will be allowed to relocate.

Re: relocating

I agree to some extent with my colleague Attorney Slepkow. My approach, however, is slightly different. You are looking for legal advice on a crucial subject in your life that may impact you both with the family court and criminally.

Attorney Slepkow has given you a good overview of circumstances that you should probably be aware of. Unfortunately they are limited to generalities because there simply isn't enough information in your posting to give you legal advice that is SPECIFIC to your case and your facts. Without reviewing existing orders of the court, including your Final Judgment of Divorce and/or a Marital Settlement Agreement or other orders of the court it is impossible for any attorney to give you accurate legal advice.

Attorney Slepkow and I deal with these issues daily in Rhode Island Family Court and we both endeavor to be helpful to those on this forum.

However, I would not advise you to do anything other than to consult an attorney "in person" and with all your pertinent documents. This is not an issue where you would want an error to be made.

While it is all too easy to speculate on what could happen in various sets of circumstances, it is not a substitute for specific advice from an attorney who is given all the information because every case it different.

Unfortunately there isn't enough information to give proper legal advice that you can rely upon. The only advice I can provide is to call me, to come into my office for a low-cost consultation. I explain all your rights, options and alternatives. When you leave you have specific advice on your situation and whether you have anything to be concerned about at all.

A text book answer isn't likely to be of substantial help , it is just going to make you wonder what applies to you and what doesn't.

Nothing replaces a face to face meeting with an attorney and an attorney's review of the the actual documents regarding placement, visitation or the divorce terms and conditions, otherwise you are just dealing in generalities.

I would welcome the opportunity to speak with you. As a general proposition, I agree with Attorney Slepkow's response as it generally relates to parents who want to move out of state with a minor child. My experience,however, has been a bit different with regard to the results of such hearings as compared to what the law actually states.

Please feel free to call my office to set up a low-cost consultation and I would be happy to advise you about YOUR circumstances, and what avenues are available to you.

In fact, you may wish to meet with Attorney Slepkow as well to get his perspective. It is best to speak with at least two to three attorneys before engaging services of this nature.

My best of luck to you whatever you decide to do. I am here if you need me and I hope I have been of assistance.