If you are considering a relocation out of state with a minor child, consult with a Rhode Island child custody attorney. A Providence relocation lawyer will explain your rights and legal obligations as well as your chances of relocation.
Child Relocation in RI
A relocation petition in Rhode Island and Providence Plantations will be determined by the Providence Family Court judge pursuant to the seminal case of Robert E. Dupre v. Melanie S. Dupre. No. 2002-300-Appeal. SUPREME COURT OF RHODE ISLAND 857 A.2d 242; 2004 R.I. LEXIS 162
If there are no Rhode Island visitation or custody orders regarding my child, can I relocate my child without the permission of the other parent?
This article only pertains to Rhode Island Family Law. Assuming, there are no visitation or custodial orders, technically, it is not illegal to relocate your child out of the State of Rhode Island without the other parent’s consent. This is not kidnapping. However, the relocating parent must notify the other parent where he or she is relocating. The relocating parent must provide contact info to the other parent. If a relocation is directly or indirectly in violation of a custody or visitation orders from a Court, such a relocation could constitute contempt or even kidnapping,
Not a good decision to relocate children without the other parent’s consent and without Court approval.
I strongly advise against relocating your child without the other parent’s consent. This type of relocation under the cover of darkness can be very harmful to your child. The other parent may file in Rhode Island Family Court seeking a temporary restraining order, ordering that you immediately return the child back to Rhode Island.
This type of relocation of your children is at your own risk. You could pay a severe penalty! This type of relocation could cause you to lose physical custody of your child. If you are ordered back and you left without permission, this could seriously impede your chances to relocate the child in the future.
The Factors that the Court must look at in making relocation decision:
“(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. See In re Marriage of Burgess, 51 Cal.Rptr.2d 444, 913 P.2d at 483; Tropea, 642 N.Y.S.2d 575, 665 N.E.2d at 151; Model Act, 15 J. Am. Acad. Matrim. Law. § 405(1) (1998).
(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. Yannas v. Frondistou-Yannas, 395 Mass. 704, 481 N.E.2d 1153, 1158 (1985) (“An evaluation of the best interests of the child requires attention to whether the quality of the child’s life may be improved by the change * * * and the extent to which moving or not moving will affect the emotional, physical, or developmental needs of the child.”); see also Baures, 770 A.2d at 229 (Court should consider whether the child “will receive educational, health and leisure opportunities at least equal to what is available” in present location.); Model Act, 15 J. Am. Acad. Matrim. Law. § 405(6).
(3) The probable impact that the relocation will have on the child’s physical, educational, and emotional development. Any special needs of the child should also be taken into account in considering this factor. Model Act, 15 J. Am. Acad. Matrim. Law. § 405(2).
(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. See Ireland, 717 A.2d at 685; Tropea, 642 N.Y.S.2d 575, 665 N.E.2d at 151; Model Act, 15 J. Am. Acad. Matrim. Law. § 405(3).
Certainly, the history and past actions of the relocating parent either to foster the relationship between the child and the other parent, or to frustrate the relationship, would be an important consideration. So, too, would be the failure of the non-relocating parent to avail himself or herself of available opportunities for visitation.
(5) The existence of extended family or other support systems available to the child in both locations. See, e.g., Hollandsworth, 109 S.W.3d at 664 (the effect of the move on the extended family relationship in the location in which the children and parent will relocate, as well as in the location they presently reside); Baures, 770 A.2d at 230 (considers the effect of the move on extended family relationships in both locations).
(6) Each parent’s reasons for seeking or opposing the relocation.”