Family Law North Kingstown RI
My focus is on quick and fair representation and resolution of your interests. I will fight aggressively to protect you. 39 years experience
There are issues during marriage, during divorce, and after divorce that make your domestic situations on-going. I am here to help you with child support issues, divorce of course, alimony, relocation out of state, and visitation, and any modifications that occur during the course of your children growing up. Such as:
Relocation of Children
After divorce, the custodial parent may reasonably want to relocate out of Rhode Island. However, the non-custodial parent may also have good reason to object to a move that interferes with visitation rights. The court decides which action is in the children’s best interest — whether to relocate or remain in the jurisdiction close to the noncustodial parent.
I have been guiding families for 33 years. I have represented parents on either side of the issue and, when appropriate, facilitate mediation as an option for reaching fair custody and visitation modification agreements. I helps you protect your children, while also doing what is best for your personal growth and advancement.
When deciding whether to permit or deny a petition for relocation, the court considers several important factors, including: Best interest of the children; both parents’ reasons for either petitioning for or objecting to the move; the relationship between the children and the relocating parent; the relationship between the children and the non-relocating parent; the likelihood of financial enhancement for the children and the relocating parent; the emotional benefits and educational opportunities the move is likely to provide to parent and children; the children’s physical, emotional and educational development and special needs issues; the feasibility of preserving relationship between non-relocating parent and children — including the logistics and financial circumstances that allow for visitation arrangements; the extended family and other types of support for children in each location. If the custodial parent plans to move to an international location, the court reviews crucial issues regarding the country where the parent intends to live — especially whether it is a signatory to the Hague on the Civil Aspects of International Child Abduction’
Rhode Island law does not impose the burden of proof on either parent. Both parents are required to present evidence to the court that supports their individual arguments regarding what is in the children’s best interests. The petitioner should seek to show all of the positive advantages the move will have on the children’s lives and futures, whereas the respondent should offer evidence as to the strain on visitation and potential harm to the child arising from their damaged relationship, as well as how the children benefit from staying put.
Call me: Attorney Nelson F. Brinckerhoff 401-884-1962