When parents separate or divorce, deciding where a child will live can become one of the most difficult issues to resolve. These disagreements can become even more complicated when one parent wants to move out of state or relocate internationally.
Can a parent move to another country with their child if the other parent objects? In Rhode Island, the answer depends on the circumstances of the case and, most importantly, whether the proposed arrangement serves the child's best interests.
A June 2025 Rhode Island Supreme Court decision, Eddy Mendez v. Jennifer Arancibia, provides an important example of how custody and international relocation disputes can be handled by the courts.
Understanding the Mendez v. Arancibia Case
In Eddy Mendez v. Jennifer Arancibia, the Rhode Island Supreme Court reviewed a Family Court decision involving a divorced couple and their minor child.
The parents originally met in Bolivia before moving to Rhode Island and marrying in 2013. Their child was born in Bolivia and spent the first three and a half years of his life there with his mother and her extended family.
During the divorce proceedings, the mother requested sole custody and permission to relocate with the child to Bolivia. The father opposed the relocation and sought custody.
After hearing testimony from several witnesses, including a clinical social worker, the father's psychiatrist, the child's guardian ad litem, and the mother, the Family Court issued a detailed, 22-page written decision.
The court awarded the mother sole custody and primary physical placement of the child. It also granted her request to relocate to Bolivia with the child.
Several circumstances influenced the Family Court's decision, including:
- The mother had been the child's primary caregiver.
- The child expressed a preference to remain with his mother and return to Bolivia.
- The child had established connections to Bolivia through his early childhood and extended family.
- Neither parent had extended family support in Rhode Island.
The court also established visitation arrangements intended to preserve the father's relationship with the child. These included visitation when the father traveled to Bolivia and a requirement for the mother to bring the child to Rhode Island for one week each July.
The father appealed the decision, challenging the relocation approval, the denial of his request for a continuance to obtain new counsel, and certain evidentiary rulings.
On June 23, 2025, the Rhode Island Supreme Court affirmed the Family Court's order.
Read the Rhode Island Supreme Court decision here.
How Rhode Island Courts Determine a Child's Best Interests
Rhode Island courts use the best-interests-of-the-child standard when making child custody decisions. One of the leading cases establishing this standard is Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990).
Under Pettinato, courts consider several factors when determining an appropriate custody arrangement, including:
- The wishes of each parent regarding custody.
- The reasonable preferences of the child, depending on the child's age and maturity.
- The child's relationship with each parent, siblings, and other significant individuals.
- The child's adjustment to their home, school, and community.
- The mental and physical health of everyone involved.
- The stability of each parent's home environment.
- Each parent's moral fitness.
- Each parent's willingness to encourage and support a close relationship between the child and the other parent.
These factors help the court evaluate the child's overall well-being rather than simply deciding which parent wants custody more.
In relocation disputes, the court must also consider the potential impact of the move on the child's relationship with the other parent and the child's existing connections to their community.
What Happens When One Parent Wants to Move Out of State or Internationally?
Relocation can create significant challenges for families with existing custody arrangements. A move may affect school enrollment, parenting schedules, family relationships, and the ability of a child to maintain regular contact with both parents.
In Rhode Island, relocation requests are evaluated based on the circumstances of the individual case. Courts consider the reasons for the proposed move, how it may benefit the child, and the potential consequences for the child's relationship with the parent who is not relocating.
The Mendez case illustrates that international relocation is not automatically prohibited simply because one parent objects.
However, approval is not guaranteed. A parent requesting relocation should be prepared to present evidence explaining why the move would serve the child's best interests.
Relevant evidence may include:
- The proposed living arrangements and stability of the new home.
- Educational opportunities and access to necessary resources.
- The child's existing relationships with extended family.
- The child's connections to the proposed location.
- The reasons for the relocation.
- A realistic plan for maintaining the child's relationship with the other parent.
A thoughtful parenting and visitation arrangement can also help demonstrate how the child's relationship with both parents will be maintained despite the distance.
Why the Supreme Court's Decision Matters
The Rhode Island Supreme Court ultimately found no basis in the record to conclude that the Family Court had abused its discretion in awarding the mother sole custody and permitting relocation.
However, there is another important detail in the ruling.
The Supreme Court determined that the father's appellate arguments were waived because his appeal did not meaningfully develop the alleged errors or provide supporting legal authority. In other words, the court did not simply revisit every aspect of the custody dispute and independently decide what arrangement it would have preferred.
This distinction highlights two important considerations for Rhode Island custody cases.
First, Family Court decisions are based on the evidence presented during the proceedings. Credibility assessments, witness testimony, and the factual record can play a significant role in determining custody and relocation requests.
Second, properly presenting and preserving legal arguments matters. When challenging a Family Court decision, a parent must follow appellate procedures and support their arguments with appropriate legal authority and references to the record.
For parents involved in a custody dispute, preparation is essential. Documentation concerning a child's educational needs, family relationships, living arrangements, and overall stability may help the court understand the practical impact of a proposed custody arrangement or relocation.
Protecting Your Parental Rights During a Custody or Relocation Dispute
Disagreements involving child custody and relocation can be emotionally challenging, especially when one parent is considering a move that could significantly change the child's relationship with the other parent.
Whether you are requesting permission to relocate, opposing a proposed move, or trying to establish a custody arrangement that protects your child's well-being, understanding Rhode Island family law is important.
The Law Office of Steven J. Hart assists individuals and families with family law matters, including child custody, visitation, divorce, and post-decree modifications. Every family's circumstances are different, and custody decisions require careful consideration of the facts and the child's needs.
If you are facing a custody dispute or considering relocating with your child, Attorney Steven J. Hart can help you understand your legal options and prepare for the next steps.
Contact the Law Office of Steven J. Hart today to discuss your family law concerns and learn how an experienced Rhode Island family law attorney can assist you.