Updated September 22, 2023
A Rhode Island custody agreement is a legal document that outlines precisely how separated parents will share custody of their child. Generally, if both parties are fit to parent, the court seeks to grant shared custody or to assign each parent equal decision-making authority over the child. This does not necessarily imply equal parenting time. Often a judge will designate one parent as the “primary custodian” and the other as the “secondary custodian.”
Child Custody Factors
While the law is not specific about the factors Rhode Island courts consider in custody-related matters, it is clear that they do not take into account whether a parent is receiving public assistance. Case law suggests that courts do consider:
- Whether there were incidents of domestic violence in the home
- Whether there were incidents of physical or sexual abuse in the home
- The child’s relationship with each parent
- The mental health of all parties
- The child’s adjustment to a school and community
- The ability of each parent to meet the child’s needs
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How to File for Custody in Rhode Island
A Rhode Island court only has the jurisdiction to decide on custody-related matters if the child is living in Rhode Island or was six months before the proceeding commenced.[1]
1. Agree on a Parenting Plan
Prior to filing for custody, parents should try to get on the same page regarding the terms of custody. If parents are able to reach an agreement on the parenting plan, the court is likely to accept it as long as it is written in the best interest of the child.
2. Calculate Child Support
In Rhode Island, the combined income of both parents and the number of children are used to determine how much child support obligations may be ordered by the court. Use the state’s Schedule of Basic Support Obligations to estimate the amount of child support that the court may order.
3. File Paperwork
Custody proceedings can be pursued as part of a divorce. To file for a divorce or “divorce from bed and board,” the latter of which indicates a legal separation, Form FC-56 must be filed with the judicial complex in the correct county. File for divorce online.
In the case of unmarried parents, the State of Rhode Island recognizes the mother as the primary custodian if the relationship between parents dissolves. In order to initiate a custody proceeding, the father must establish his parentage by filing a Voluntary Acknowledgement of Parentage form. File the paperwork electronically.
4. Attend Mediation
The Rhode Island Family Court offers a free mediation program, the goal of which is to produce a parenting plan, or custody arrangement, that satisfies both parents while also prioritizing the needs of the child. The Mediation Unit will schedule a mediation session once paperwork has been filed with the court. Attendance at the mediation session is mandatory. Contact the Family Court Mediation Unit (401) 458-5032 with questions.
If the mediation is successful, the mediator will prepare a Memorandum of Understanding outlining the terms of the agreed-upon parenting plan and submit this to the court as an order, which must be approved by a judge in order to be valid.
5. Attend Hearing
In Rhode Island, most mediations end with some degree of agreement. If, however, the mediation session is not successful, then the matter will be scheduled to be heard in court. If it’s reasonable and in the child’s best interest, the court seeks to give reasonable visitation rights to the parent who is not granted primary custody of the child.[2]
Custody Laws
- Child’s Preference: Yes, the child’s preference is considered.[3]
- Domestic Violence: § 15-5-16(g)
- Grandparents’ Visitation: § 15-5-24.1
- Siblings’ Visitation: § 15-5-24.4
- Uniform Child Custody Jurisdiction and Enforcement Act: Chapter 15-14.1
- Visitation: § 15-5-16(d)(1)
Related Forms
