Legal Question in Family Law in Rhode Island

can my girlfriend move our kids out of state if i disagree?


Asked on 10/19/09, 3:24 pm

2 Answers from Attorneys

Staff General Counsel LawyersCollaborative

Depends on many facts and circumstances that should be explored in an in person consultation, not the least of which are the ages of the children, respective roles undertaken to date by biological parents extent of effort expended by parent to foster meaningful relationship with children, and all other facts and circumstances of each child's (and, to a lesser degree, parent's) life. The Court's primary focus is on the best interest of the children - parents come second. But a Court may consider Mom's motivations - if it is purely to interfere with the children's opportunity to have a meaningful, in-person relationship with their biological Dad, a Court may not look kindly. As the biological father, you do have the right to at least have your preferences heard, and for a Judge to determine the best interests of the children in the context of any points you may raise. Certainly, your arguments would be less well received if you have not worked to foster a meaningful relationship with your children. If you are really concerned about the children's well-being, then you may wish to confer with a good, honest lawyer with experience in child custody and visitation issues. Best wishes,

Thanks,

Scott

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Answered on 10/26/09, 6:54 pm
Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Without an Order from the Family Court prohibiting your girlfriend from moving your natural biological children, or legally adopted children out of the State of Rhode Island, then, Yes, there is nothing to prevent your girlfriend from moving out of Rhode Island with the children if she is the natural biological mother of the children or the lawful mother by adoption. If you want to stop this you would need to take immediate court action. Feel free to call me for a low-cost coaching session on how to do this.

I wish you the best in this difficult situation in your life.

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Answered on 10/26/09, 8:06 pm


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