If you are looking to relocate with your child or chidlren to another state, or if you are in opposition to the relocation of your children outside of Rhode Island, you need to contact an attorney who has experience handling relocation cases.
Absent an agreement with the children's other parent, a parent may permanently only remove minor children from the State of Rhode Island by Order of the Family Court. In determining whether to grant a parties' motion to relocate, the Family Court judge will take the following factors into consideration:
(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. Any special needs of the child should also be taken into account when considering this factor.
(4) The feasibility of preserving the relationship between the non-relocating parent and the 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.
(7) In cases of international relocation, the question of whether the country to which the child is to be relocated is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction wil be an important consideration.
(8) To the extent that they will be relevant to a relocation inquiry, the Pettinato factors also will be significant.
Whether you are requesting or opposing a child relocation, you need an attorney experienced in such matters. Contact Attorney Christopher E. Friel today for a free consultation at 737-4200 x23.