Legal Question in Family Law in Rhode Island

child choosing parent to live with

if i live in florida and my daughter lives in rhode island with her mom and she wanted to live with me against her mom's will what could she do to make that happen?


Asked on 2/06/08, 5:17 pm

1 Answer from Attorneys

James Hart The Hart Law Firm, P.A.

Re: child choosing parent to live with

That is going to depend on a number of factors. First, is there currently an order governing visitation and/or child support in either Florida or Rhode Island? If so, than that order would have to be modified.

If there is no current order, then this would be considerably less difficult, but you would still be better off going to court to make the move official.

Another factor to consider is how old the child is. Any age under 14, and the child is not going to have a big say in the matter. If the child is over 14, then she could put pressure on mom to get her to switch the custody situation.

Another thing to consider - are you current on child support?

Bottom line - see if Mom is willing to work with you on this. If so, and there is no current order, than the move would be easier and may not require the courts. If not, and if you have to amend a Court order, then you will need some legal help to accomplish what you are proposing.

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Answered on 2/06/08, 5:33 pm


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