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In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
An unmarried mother has sole physical and legal custody of her child if there has been no acknowledgment of paternity by the biological father. Sole physical and legal custody means that the mother is the residential custodian and primary caretaker of the child.
This is the same for a mother, who alone has parental responsibility. She can take her child abroad without permission if there are no other orders or restrictions in place. In practice I recommend that you agree the arrangements in advance though with the other person with parental responsibility.
The State of Rhode Island is not a 50/50, or community property, state. It is what's known as an equitable distribution state. So, when a Rhode Island court rules on the allocation of assets, they are not necessarily divided equally between the two parties.
Fathers in Rhode Island have an equal right to custody of their child as mothers do. When a judge begins his or her evaluation, the mother and father are regarded as equal, and the court looks at several factors to determine the custody arrangement.
Usually, you need the other parent's permission to travel out of state with your children, especially if you want to leave the country, or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation.
Technically, if there are NO Court orders, it is not illegal to relocate your child out of the State of Rhode Island without the other parent's consent. This is not kidnapping. However, you must notify the other parent where you are relocating to. You must provide contact information.
If an older child such as a 15, 16 or 17 year old has a preference and that opinion is expressed to the Judge, Court Investigator or Guardian ad Litem than the judge will usually respect the child's desire. There are some exceptions to an older child's decision being decisive.