Legal Question in Family Law in Rhode Island

Can she just take him?

I have a son that is a year and a half old and his mother wishes to take him to Florida to meet her fiancees parents. I said I don't want my son going on a plane and being that far away and she says I can not stop her. What can I do? The time away is also taking up two of my visitation days.


Asked on 8/01/05, 12:06 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can she just take him?

If you are concerned about the loss of time, negotiate for compensatory time. If you want to be harder, for reasons you did not state, you have to seek the court's intervention.

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Answered on 8/01/05, 1:14 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Can she just take him?

The lawyer answer is, it depends on the custody order. If she has sole legal and physical custody, you would have to have a good reason beyond "I don't want it." If you have joint legal custody, you would have to agree to let him go, although I doubt a court would stop her without a good reason. Especially if, as your question implies, the child was born out of wedlock.

You should get the missed visitation time, again if there was a court order.

If you are dealing with a RI court, the answer might be a little different. If you are dealing with a voluntary arrangement not ordered by a court, she's right.

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Answered on 8/01/05, 3:38 pm


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