Child Custody Laws in Rhode Island
When a husband and wife divorce, if there are children involved, the parties will need to agree to a custody arrangement. If they are unable to do so, a judge will make a determination. In Rhode Island, like many states, when a judge is deciding custody he will look at several factors to determine what is in the best interests of the child.
Child Custody in Rhode Island
Many divorcing parents choose to sign an informal custody agreement, instead of getting a judge involved. This is often to deter costs and prevent a long court battle. However, sometimes parties are unable to agree on custody terms and a judge must make a determination. In Rhode Island, either parent can be granted custody and no preference is given to a mother or father. Even a parent with limited financial means, receiving public assistance, can be given custody. The only circumstance where a parent will be denied custody outright, as well as visitation, is when a judge determined that a parent has sexually or physically abused the child. Otherwise, the judge determines custody based on the "best interest of the child" standard.
Best Interest of the Child
In Rhode Island, a judge who is asked to make a custody order will consider several factors. A judge attempts to reach a decision that will be in the best interest of the child. In Rhode Island these factors are: any allegations of domestic violence, especially if a party has a proven history; the child's safety; and each parent's mental stability, especially if a parent has a history of mental illness or drug and/or alcohol abuse. Another important factor is the environment each parent can offer the child, including where the child will live and the parent's ability to be available for the child (for example, what kind of hours the parent works). Additionally, if a child has special needs, whether medical or educational, the parent equipped to handle those needs may be a better custodian. Lastly, the judge will examine the relationship that each parent has with the child and may sometimes take the child's preference into consideration. A child's preference is usually only asked of older and more mature children.
Custody Order
Once a judge makes a determination regarding custody, he will issue a custody order. The custody order grants legal rights to the parent awarded custody of the child. The custodial parent is granted physical custody, which is a residency right, meaning the child can live with that parent. The custodial parent also receives legal custody, which is the legal right to make decisions for the child, including medical and educational decisions.
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