Interstate Custody Jurisdiction Issues in Rhode Island Family Court 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…

The Family Courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 which specifically deals with this question. The factors are as follows: (1) The length of the marriage; (2) The conduct of the parties during the marriage; (3) The contribution of each of the parties during the marriage in the acquisition, preservation,…

In a divorce there are generally four major categories of things to deal with, namely (1) child issues, (2) equitable distribution issues (assigning assets and debt), (3) spousal support (alimony) issues, and (4) “temporary” issues while the divorce is pending, such as who can live where, who can use the car, who pays the bills….

Rhode Island has a “track” system for divorces, meaning that a divorce is either on the “Nominal Track” or the “Contested Track.” The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, they will be given an initial (and hopefully last) hearing date that will be…

Dupre v. Dupre (857 A.2d 242 (RI 2002)) is a pivotal case and 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…

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…

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