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EspañolCan an abusive parent get custody or visitation?
The judge must consider evidence of past or present domestic violence when making a decision. The law defines domestic violence as the occurrence of one or more of the following between people who have a child in common:
- attempt to cause or causing physical harm;
- placing the other parent in fear of immediate (imminent) serious physical harm; or
- causing the other parent to engage involuntarily in sexual relations by force, threat of force, or duress.1
The judge could grant custody or visitation rights to an abusive parent, however. If the judge grants visitation rights, s/he has to do so in a way that protects the child and the abused parent from further harm.2 As a condition for giving the abuser custody or visitation rights, the judge may order:
- the abuser to successfully complete a batterer’s intervention program;
- the abuser to participate in a substance abuse program;
- the abuser to post money or title to property (a bond) with the court to ensure the safety and return of the child;
- that the address and telephone number of the child be kept confidential;
- that the exchange of the child happens in a protected setting;
- supervised visitation;
- the abuser to not have or use alcohol or drugs during visitation; and
- any other condition that s/he thinks is necessary to keep the child, the abused parent, or other household members safe.3
1 RI Gen. Laws § 15-5-16(g)(1), (g)(4)
2 RI Gen. Laws § 15-5-16(g)(1)
3 RI Gen. Laws § 15-5-16 (g)(3)
Can a parent who physically or sexually abused the child get custody or visitation?
If a child is physically or sexually abused by a parent, the judge can deny visitation. However, the judge could review the case annually to see if the parent has taken any actions to rehabilitate him/herself to then determine if denying visitation is still in the best interest of the child.1 The judge could also order the abusive parent to attend counseling and not doing so would be enough to deny visitation.2
1 RI Gen. Laws § 15-5-16(d)(3)
2 RI Gen. Laws § 15-5-16(d)(5)
If my child was conceived due to sexual assault, can the offender get custody or visitation?
Custody or visitation will be denied if both of the following are true:
- the abuser was convicted in criminal court of:
- first degree sexual assault;
- second degree sexual assault;
- first degree child molestation sexual assault; or
- a similar crime in another state; and
- the child was conceived as a result of the sexual assault.1
However, if the child’s mother or legal guardian consents to visitation and the judge determines that it would be in the best interest of the child, then the judge can order supervised visitation and counseling.1
1 RI Gen. Laws § 15-5-16(d)(4)
Can a grandparent get visitation of the child?
A grandparent may petition the court for visitation.1 However, the law says that the judge has to assume (presume) that the parent’s decision to refuse visitation with the grandparent is reasonable. For the judge to allow grandparent visitation against the parents’ wishes, s/he has to find that all of the following are true
- It is in the best interest of the child to have visitation with that grandparent. To decide this, the judge will consider various factors, including:
- the nature of the relationship between the child and the grandparent;
- the amount of time the grandparent and child spent together;
- the potential pros and cons to the child;
- the potential effect on the parent-child relationship;
- the preference of the grandchild if s/he is of sufficient intelligence, understanding, and experience to express a preference; and
- the reasons that the parents believe that it is not in their child’s best interests to have visitation with the grandparent.
- The grandparent:
- is a fit and proper person to have visitation rights with the grandchild;
- has repeatedly attempted to visit his/her grandchild during the thirty days immediately before the date the petition was filed and was not allowed to by either or both parents;
- has no other way to visit his/her grandchild without court intervention; and
- has shown by clear and convincing evidence that the parents’ refusal of visitation is unreasonable.2
- the nature of the relationship between the child and the grandparent;
1 RI Gen. Laws § 15-5-24.3(a)(1)
2 RI Gen. Laws § 15-5-24.3(a)(2)
Can a sibling get visitation?
A sibling, including a step-sibling, can petition the court for visitation rights with a minor child. The judge will hold a hearing where the child’s parents can be present. In order for the judge to grant a sibling reasonable visitation rights, the judge must determine that all of the following are true:
- Visitation is in the best interest of the child;
- The sibling is a fit and proper person to have visitation rights;
- The sibling was not allowed to visit the child during the thirty-day period immediately before the date the petition was filed because either or both parents would not allow it;
- There is no other way the sibling would be able to visit the child without court intervention; and
- The sibling has convinced the judge by clear and convincing evidence that the parents’ decision to refuse visitation with the child was not reasonable.1
1 RI Gen. Laws § 15-5-24.3(b)
