David Slepkow

How do Judges Determine who gets Custody of a Child in Rhode Island (RI)?

The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody. 

The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.

The RI Family Court must determine what is in the "best interest of the child" This is very subjective and analytical standard. It is adviseable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case. There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children

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"This [C]ourt has held that child-custody awards must be made in the 'best interest[s]' of the child." quoting Petition of Loudin "[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices." Id. Several factors must be taken into consideration by the Judge in making a best interests of the child determination. However, no single factor is determinative; rather "[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child's best interests." Among the factors the court must consider are the following:

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"1. The wishes of the child's parent or parents regarding the child's custody. 2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to
express a preference. 3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may Significantly affect the child's best interest. 4. The child's adjustment to the child's home, school, and community. 5. The mental and physical health of all individuals involved. 6. The stability of the child's home environment. 7. The moral fitness of the child's parents.8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent." Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).

If a parent is trying to modify an existing Child Custody determination / Family Court Order then that parent must also prove a substantial change in circumstances since the last custody order. The Rhode Island Supreme Court ruled "Moreover, before a final custody decree can be reopened or amended, the moving party must establish by a fair preponderance of the evidence that the conditions or circumstances existing at the time the decree was entered have so changed that it should be modified in the interest of the children's welfare." Pettinato v. Pettinato "Until and unless the moving party meets this burden, the prior custody award should remain intact." Id.

There is often conflicting allegations and factual disagreements concerning the above listed factors. Therefore, the Rhode Island Family Court relies heavily on psychologist, Psychiatrist, social workers, dcyf report and the opinions of the Guardian ad Litem for the minor child. Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

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