In Rhode Island, if you’re seeking to relocate to another State with your minor child or children, here are some of the factors the Court considers:
(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 in considering this factor.
(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.
(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 will be an important consideration.
(8) To the extent that they may be relevant to a relocation inquiry, the Pettinato factors also will be significant.
The Pettintao v, Pettinato factors referenced in item (8), are as follows:
(1) The wishes of the child’s parent or parents regarding the child’s custody.
(2) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(3) The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
(4) The child’s adjustment to the child’s home, school, and community.
(5) The mental and physical health of all individuals involved.
(6) The stability of the child’s home environment.
(7) The moral fitness of the child’s parents.
(8) The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.
If you need help with a family law issue, including divorce, child custody, child support, or relocation, call us at (401) 861-9900. We can help.