Custody

Sometimes, the state where your custody case started may no longer be the most convenient place for it. This is known as an “inconvenient forum.” It often happens when one or both parents move to a different state with the child.

When this happens, either parent, the current judge, or a judge in a new state where you or the other parent wants to move the case can raise the issue of an inconvenient forum. The judge will consider the following factors to decide if the case should be moved to a new state:

• domestic violence - if there has been domestic violence, whether it’s likely to continue, and which state can better protect you and your child;
• time outside the state - how long your child has lived outside of the state where the case was originally litigated;
• distance - how far the Rhode Island court is from the other state’s court;
• finances - the financial situation of both parents;
• agreement - whether you and the other parent have agreed on which state should hear the case;
• location of evidence - the nature and location of the evidence needed to resolve the case, including your child’s testimony;
• speed of decision-making - how quickly each court can make a decision and each court’s procedures for presenting evidence; and
• familiarity with the case - how well each court knows the facts and issues in the case.¹

¹ R.I. Gen. Laws § 15-14.1-19(a), (b)(1)-(8)