Custody

Sometimes the court where a custody case was started may become an “inconvenient forum.” This essentially means that there is a court in a different state that is more convenient for that specific case. This usually happens when one or both parents move to a different state with the child. When this happens, either parent or the judge in the current court or in the court of a different state may raise the issue of the inconvenient forum. To decide if the case should be heard in a different court, the judge will consider:

• if there has been domestic violence, whether it’s likely to continue and which state could better protect you and your child;
• how long your child has lived outside of the state;
• the distance between the court in Rhode Island and the court in the state that would take the case;
• the finances of the parties;
• any agreement between you and the other parent as to which state should hear the case;
• the nature and location of the evidence needed to resolve the case at hand, including testimony of your child;
• the ability of each court to decide the case promptly and the procedures that need to be followed to present evidence; and
• how well each court knows the facts and issues being litigated.¹

¹ RI Gen. Laws § 15-14.1-19