Effective Petitions for Relocation of Children in Cranston

Custody relocation lawyers

After divorce, the custodial parent may reasonably want to relocate out of Rhode Island. However, the non-custodial parent may also have good reason to object to a move that interferes with visitation rights. The court decides which action is in the children's best interest -- whether to relocate or remain in the jurisdiction close to the noncustodial parent.

Our lawyer for family law has been guiding families for 30 years. We represent parents on either side of the issue and, when appropriate, facilitate mediation as an option for reaching fair custody and visitation modification agreements. We help you protect your children, while also doing what is best for your personal growth and advancement.

Factors the court considers

When deciding whether to permit or deny a petition for relocation, the court considers several important factors, including:

  • Best interest of the children
  • Parents' reasons for either petitioning for or objecting to the move
  • Relationship between the children and the relocating parent
  • Relationship between the children and the non-relocating parent
  • Likelihood of financial enhancement for the children and the relocating parent
  • Emotional benefits and educational opportunities the move is likely to provide to parent and children
  • Children's physical, emotional and educational development and special needs issues
  • Feasibility of preserving relationship between non-relocating parent and children -- including the logistics and financial circumstances that allow for visitation arrangements
  • Extended family and other types of support for children in each location

If the custodial parent plans to move to an international location, the court reviews crucial issues regarding the country where the parent intends to live -- especially whether it is a signatory to the Hague on the Civil Aspects of International Child Abduction.

Burden of proof

Rhode Island law does not impose the burden of proof on either parent. Both parents are required to present evidence to the court that supports their individual arguments regarding what is in the children's best interests. The petitioner should seek to show all of the positive advantages the move will have on the children's lives and futures, whereas the respondent should offer evidence as to the strain on visitation and potential harm to the child arising from their damaged relationship, as well as how the children benefit from staying put.

Learn more from attorneys for petitioning relocation of children, practicing in Warwick, Cranston, East Greenwich, North Kingstown and Coventry, RI

Consult an experienced East Greenwich attorney about your rights in relocation cases. Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your free consultation.