Often, when one parent of a child moves out of state and the other remains in state, issues of jurisdiction arise when parents need to use the court system to resolve disputes. These jurisdiction questions increase in importance if the child or children move out of state also.

Jurisdiction determines which states court can hear the case. If a parent from RI moved to Florida, nobody would think its right to file a case in Colorado. Could they file in Florida? It depends.

To solve these issues, each state has adopted their own set of statutes, often referred to as a state’s version of the “Uniform Child Custody Jurisdiction Act” (UCCJA) or “Parental Kidnapping Prevention Act” (PKPA). In Rhode Read more…

Custody & Placement, Interstate Enforcement & Modification posts

Many states have differing terminology for legal and physical custody. In Rhode Island, legal custody is the ability to have input in major life decisions of the children in question. A person with “sole custody” has sole legal custody, and does not need to include the other parent in the decision making process things like health, education, or religious upbringing issues of the children. Couples who share “joint custody”, or joint legal custody, are required to keep each parent “in the loop” of such issues, and both parents also have the right to access information relating to those issues.

As an example, if the kids are living with dad primarily, and the parties have joint custody, then dad would need to communicate with mom about major issues, such as health, education, or religious affairs. Dad does not need to comply with mom’s wishes: mom does not have a veto ability. Mom simple must be kept in the loop. Mom on Read more…

Custody & Placement posts

The Rhode Island Family Courts base custody and possession decisions on the “best interest of the child.” The pivotal case Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) states that certain factors must be weighed in the best interests of the child analysis when relevant. These factors include:

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.
Read more…

Custody & Placement, Divorce posts

Link to Case PDF

This pivotal case is the centerpiece in any litigation regarding relocation of children out of the State of Rhode Island.  The case came about when a judge implemented a trial Justice denied a petition to allow the removal of the child from the jurisdiction on the basis that there was “no compelling reason to do.”

The RI Supreme considered that standard incorrect, and laid out certain factors to be considered in any relocation matter.  With the understanding that the “best interest of the children” is the foremost consideration when Read more…

Child Relocation, Custody & Placement, Interstate Enforcement & Modification case law, relocation