Rhode Island · January 28, 2026
Rhode Island Supreme Court vacates placement order lacking findings
The court vacated the portion of a placement order awarding the mother primary placement, while affirming a separate child-support worksheet.
Best interests, Divorce grounds, Parental relocation in one jurisdiction reference.
Research dates are shown separately in each topic.
Rhode Island · January 28, 2026
The court vacated the portion of a placement order awarding the mother primary placement, while affirming a separate child-support worksheet.
Rhode Island
Case law framework; factor structure: 8. Parker describes the eight factors as nonexclusive, and Pettinato requires considering the combination and interaction of all relevant factors.
Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990); R.I. Gen. Laws § 15-5-16
Case law
8
must weigh when relevant
none
None
none
Rhode Island
§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"
R.I. Gen. Laws §§ 15-5-2, 15-5-3, 15-5-3.1
§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"
adultery, extreme cruelty, willful desertion five years (or shorter in court's discretion), continued drunkenness, habitual use of opium, morphine or chloral, husband's neglect to provide necessaries for one year, gross misbehavior and wickedness (7), plus impotency, a status ground
three years "separate and apart," "whether voluntarily or involuntary," § 15-5-3, one roof not addressed
Ordinary decree: three months after trial and decision under § 15-5-23. Divorce on the three-year living-apart ground has a different final-judgment procedure permitting entry 20 days after decision under § 15-5-3. These routes cannot share one universal three-month entry.
Yes, divorce from bed and board, § 15-5-9
Rhode Island
Court-made relocation factors. Initial custody: equal burdens; post-judgment allocation unresolved in the cited cases. No general advance notice period identified; conditional 48-hour address notice and permanent-removal restrictions apply.
Case law (Dupre 2004)
judicial relocation factors
initial determination: equal; post-judgment allocation unresolved in cited cases
no
no general distance threshold identified; pending-case permanent interstate removal restricted
Section 15-5-14.1(d) requires written consent or a court order; no deemed-consent rule is specified there
Dupré factors, with the child's best interests paramount: (1) nature, quality and duration of the child's relationship with each parent. (2) likelihood relocation enhances quality of life for child and relocating parent. (3) probable impact on the child's development. (4) feasibility of preserving the relationship through visitation. (5) extended family and support in both places. (6) each parent's reasons. (7) Hague status if international. (8) Pettinato factors as relevant. Not exhaustive and none dispositive. No presumption either way. A 'compelling reason' test was rejected (Dupré 2004).
Initial custody and placement determinations (including those that decide a relocation request): the parents come before the court 'on an equal footing' and share the burden equally. Dupré, 857 A.2d at 260-61; McDonough v. McDonough, 962 A.2d 47, 53 n.10 (R.I. 2009) (relocation decided with initial placement in the divorce); Valkoun v. Frizzle, 973 A.2d 566 (R.I. 2009) (initial custody determination in a paternity case). McDonough's footnote states that the court's precedent 'does not establish burdens or presumptions for an initial determination ... (as opposed to post-final judgment relocation)' without deciding the latter. Post-judgment relocations: the Supreme Court has affirmed four post-judgment relocation rulings on deferential review, applying the Dupré factors, without allocating a burden: DePrete v. DePrete, 44 A.3d 1260 (R.I. 2012); Andrade v. Andrade, 252 A.3d 755 (R.I. 2021), where the trial justice found the relocating mother 'failed to sustain her burden of proof'; Leon v. Krikorian, 271 A.3d 985 (R.I. 2022); Dawson v. Ojeda (R.I. 2023). These decisions do not establish a post-judgment burden or burden-shifting rule.
No general advance relocation-notice period identified. In proceedings covered by § 15-5-14.1(a), the automatic orders take effect for the plaintiff upon signing the complaint and for the defendant upon service, with the statute also addressing waiver and acceptance of service. Subsection (d) bars permanent removal of minor children from Rhode Island without the other party’s written consent or a court order. If the parties share children, subsection (h) requires a party vacating the family residence to notify the other party or that party’s attorney in writing within 48 hours of the move of an address for receiving communication, unless a prior contradictory court order applies.
No distance is defined. After judgment, reported cases are motions for leave to relocate out of state (Massachusetts, North Carolina, Indiana, Florida, New Jersey, Texas). During a pending case, § 15-5-14.1(d) reaches any permanent removal from the state.
The cited relocation cases proceed by a motion and opposition at hearing. Section 15-5-14.1(d) requires written consent or a court order for permanent removal while its automatic orders apply; it specifies no separate objection deadline or deemed-consent procedure.
Unclear. D'Onofrio v. D'Onofrio, 738 A.2d 1081 (R.I. 1999), affirmed denial of a mother's request for placement and relocation for lack of a substantial change in circumstances (as described in Dupré). Later relocation decisions apply the Dupré factors without discussing a change requirement. By statute, a relocation due to military activation or deployment is not by itself enough to modify custody (§ 15-5-16(g)(7)).
Dupré supplies a nonexclusive, case-specific relocation framework, rejects a compelling-reason requirement, and applies best interests. During a pending covered proceeding, § 15-5-14.1(d) also restricts permanent removal without written consent or court order; (h) requires address notice after a parent leaves the family residence.
Initial: equal; post-judgment: no allocation stated.
No general advance period identified; conditional 48-hour address notice
No general distance threshold; pending-case interstate restriction
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