Custodial Relocation in Rhode Island

Divorce Attorney in Rhode Island

When one parent moves out of state or out of the country after going through a divorce, matters can become extremely complicated and uncomfortable for all parties involved. Parenting time, child custody, and visitation agreements agreed to at the time of divorce can become muddled or unusable. New problems can arise, such as the costs of transportation or frequency of visits. Turn to TJC ESQ for Rhode Island divorce lawyers with experience handling relocations and child custody matters.

Why wait to get the help you need? Talk to an attorney today.

Fair Solutions to Child Custody & Relocation Disputes

As with all issues dealing with children, our law firm works closely with our clients to determine how best to present your views as to what is in the best interests of the child. It is important to realize that any change in custody agreements needs to have court approval for it to be official. Not only does this act as protection for you, but also for your family. Being able to get the court’s approval is a different matter altogether and requires the help of a professional family law attorney in Rhode Island.

During your custodial relocation case, you will want to remember these important items of debate:

  • Primary custody: If you are primarily responsible for your child’s wellbeing, when and under what circumstances can you move out of state?
  • Moving rights: If a non-custodial parent moves, there needs to be a discussion and agreement about visitation, which is approved and enforceable by the court. You do not want to move first without checking, only to find out that your spouse will not let your child come to visit; conversely, you do not want to send your child on a visit, only to find there is an argument about when or whether the child will return.
  • Joint custody: When the parents have joint custody—the child has substantial time with each parent—reality dictates that the amount of time with your child will change dramatically when one parent moves out of state. With our experience in custodial relocation, our lawyers can help you sort through the issues of Interstate and International Custody and visitation.

Upholding the Child’s Best Interests

The appointed judge to your case will always have to rule in the best interest of your child, not of you or your spouse. The idea is that a child’s comfort and happiness must be protected before anyone else’s, which is a sentiment that is difficult to argue against. Most likely, you agree with this notion and just want to see your child safe, sound, and satisfied.

This does mean, however, that you will need to prove to the divorce court that your child’s best interests reflect your ideas and standards. If you need to move all the way to California, for example, only a solidly constructed explanation as to why your child should come with you will do.

When reviewing any sort of custody, visitation, or relocation case, the court will weigh:

  1. Each parent’s income
  2. Each parent’s criminal history
  3. Each parent’s health
  4. Child’s age
  5. Child’s health
  6. Child’s attachment to each parent

Call Our Rhode Island Divorce Lawyers: 401.216.4414

If you, your ex-spouse, or both of you are contemplating a move out of Rhode Island, you could be in for a metaphorical storm of trouble up ahead. While it is true that you each have your legal rights and obligations, we may be able to persuasively argue on your behalf as to why your child will be better off following a relocation plan that suits you. Consult with us today and we can begin outlining your legal options and future decisions for you.

Contact our law firm online to schedule an appointment.

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