Child custody disputes are often the most emotional and difficult part of any divorce or separation. These challenges become even more complex when a custodial parent or noncustodial parent plans to move. In Rhode Island, a planned relocation can affect custody arrangements, visitation rights, and a child’s relationship with both parents.
At The Law Office of Brett V. Beaubien, LLC, Attorney Beaubien represents parents in custody and relocation cases, providing personalized legal guidance focused on protecting children’s rights and the best interests of the minor child. His client-centered approach ensures that parents understand the legal considerations and are prepared for the emotional and practical challenges of relocation cases.
About The Law Office of Brett V. Beaubien, LLC
Located in Providence, Rhode Island, The Law Office of Brett V. Beaubien, LLC provides representation in family law, criminal defense, appeals, and post-conviction relief. Known for his personalized service, attention to detail, and client-centered approach, Attorney Beaubien helps parents resolve custody and relocation disputes with clarity and care.
Understanding Rhode Island Custody Laws
In Rhode Island, custody is generally divided into two categories:
- Legal Custody: The right to make major decisions about the child’s welfare, such as education, healthcare, and religion. Parents may share joint legal custody, or one parent may have sole authority.
- Physical Custody: Where the child lives day to day. This can be primary physical custody, sole physical custody, or joint physical custody.
When custody disputes arise, courts apply the Pettinato factors, a set of nine considerations that guide decisions in the best interests of the child. These factors include the child’s emotional development, the parent’s ability to provide, and the importance of maintaining a meaningful relationship with both the child’s parents.
How Relocation Affects Custody
A planned relocation, whether across Rhode Island, to another state, or even internationally, can dramatically change a child’s residence, school, and daily life. The court must determine whether the move serves the child’s welfare and balances the custodial parent’s right to relocate with the non-relocating parent’s ability to maintain a meaningful relationship with the child.
Common relevant factors in relocation cases include:
- The parents’ reasons for seeking the move (e.g., a valid purpose such as a new job, educational opportunity, or proximity to extended family).
- The economic and emotional benefits of the proposed move for the child.
- The logistics and financial circumstances of maintaining a suitable visitation arrangement.
- The child’s health, education, and emotional development.
- The other parent’s ability to sustain a strong bond under a new visitation schedule.
- Whether the relocation request is made in good faith or to interfere with visitation rights.
The probable impact on the child’s well-being is the most important consideration. Courts won’t approve a relocation that undermines the child’s welfare or violates children’s rights.
Legal Process for Relocation in Rhode Island
When a parent proposes relocation, they typically must file a complaint requesting modification of the existing custody order in family court. This triggers a relocation inquiry, during which the judge evaluates the circumstances and applies the Pettinato factors.
Steps often include:
- Filing the Complaint: The parent seeking relocation files a motion with the court.
- Notice to the Other Parent: The non-relocating parent is given the opportunity to object.
- Evidence and Testimony: Both parties present evidence, such as financial circumstances, employment records, and the impact of the proposed move on the child.
- Court Hearing: The judge considers both psychological and legal factors, as well as practical issues such as reasonable visitation arrangements and travel expenses.
- Decision and Court Order: The court issues a ruling, modifying the custody order if necessary, and establishing a new parenting or visitation schedule.
The court’s decision will always prioritize the child’s well-being, even if that means limiting one parent’s ability to relocate.
Steps to Take if Relocation Leads to Custody Changes
If your spouse or ex-spouse is planning a move, or if you’re the parent proposing relocation, it’s important to act quickly. Steps may include:
- Consulting with a Rhode Island divorce lawyer early in the process
- Collecting documents that show the real advantage of the move, such as better schools, safer neighborhoods, or stronger support systems
- Preparing a detailed visitation schedule that ensures the other parent’s ability to maintain a meaningful relationship with the child
- Being ready to address challenges related to child support, logistics, and financial circumstances
Even when parents share joint custody, a substantial move will usually require modification of the custody order.
Challenges in Custody and Relocation Cases
Relocation cases raise problems such as:
- International Relocation: Moves abroad may implicate the Hague Convention on International Child Abduction and the civil aspects of international custody disputes.
- Financial Strain: The non-relocating parent may face higher costs for travel, necessitating adjustments to child support or expense-sharing arrangements.
- Parental Conflict: Disputes often arise when divorced parents disagree about whether relocation serves the child’s best interests.
- Emotional Impact: Relocation can impact a child’s relationship with their extended family and disrupt their sense of stability.
Attorney Beaubien provides creative solutions in these cases, helping parents craft agreements that address both legal considerations and the psychological and logistical challenges of relocation.
The Importance of Legal Counsel
Relocation cases are among the most complex in family law. A parent cannot simply decide to move a child without court approval if it affects existing custody arrangements. Attempting to relocate without permission may result in sanctions, loss of custody, or other serious legal consequences.
An experienced attorney helps by:
- Explaining the relocation process and relevant Rhode Island law
- Preparing evidence that supports the client’s position
- Advocating for custody modifications that reflect the child’s best interests
- Ensuring that any court order is enforceable and practical under the new circumstances
With personalized service and hands-on representation, Attorney Beaubien ensures that clients are fully prepared for both negotiation and litigation.
How The Law Office of Brett V. Beaubien Assists Clients
As a Rhode Island family law attorney, Attorney Beaubien works directly with clients in relocation cases, offering compassionate support and strategic legal representation. He:
- Meets personally with clients to understand their goals and concerns
- Advises on the legal requirements for relocation and modification of custody
- Represents parents in Rhode Island family court hearings
- Protects the custodial parent’s right to seek opportunities while ensuring the noncustodial parent’s visitation rights are preserved
- Helps parents craft workable custody orders that reflect both practical needs and the child’s well-being
His commitment to client-focused advocacy means every parent receives personal attention and clear guidance throughout the process.
Contact The Law Office of Brett V. Beaubien, LLC Today
A planned relocation can trigger changes in custody, visitation, and support arrangements. Rhode Island courts carefully evaluate relocation requests, weighing the parent’s reasons against the potential impact on the child. Whether you’re the moving parent or the non-relocating parent, legal representation is critical to protecting your rights and your child’s welfare.
If you’re facing a relocation dispute in Rhode Island, contact The Law Office of Brett V. Beaubien, LLC today.
Categories: Rhode Island Laws
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