WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Rhode Island

Custody

Laws current as of July 19, 2024

Can I file for child custody in Rhode Island?

You can file for custody in Rhode Island if one of the following is true:

  1. This is where your child has lived for at least six months in a row, which makes it his/her “home state;”1
  2. Your child is not currently in Rhode Island but this is where you child lived within six months of starting the custody case and one of the parents or person acting as a parent still lives in this state;
  3. Another state that has power (jurisdiction) has decided not to exercise it because they believe Rhode Island is the more appropriate forum; and
    1. your child and at least one of the parents has a significant connection with this state; and
    2. there is substantial evidence in the state concerning your child’s care, protection, training and personal relationships; or
  4. No other court has the power to make a decision about your child.2

1 RI Gen. Laws § 15-14.1-2(7)
2 RI Gen. Laws § 15-14.1-13

What are some advantages and disadvantages of getting a custody order?

There are many reasons you might choose not to get a custody order from a judge. You may decide not to get an order because you don’t want to get the courts involved or you may already have an informal agreement with the other parent that works well for you. You may think that going to court will provoke the other parent to seek more time with your child and more legal rights, which you do not want him/her to have.

However, in some cases, it is a good idea to get a custody order from a judge. For example, it might make it easier to deal with the other parent because the rights and responsibilities for each parent would be stated clearly in the order. You will have to make this choice based on your particular situation. A lawyer might be able to offer you advice about which choice is right for you. To find a lawyer in your area, please see our RI Finding a Lawyer page.

If you go to court, a judge can give you or the other parent:

  • the responsibility to make decisions about education, healthcare, religion and other things for your child;
  • a clear schedule listing where the child will live and when the child will have time with the other parent;
  • clear instructions for how and when the child will be transferred to the other parent and returned to you;
  • an order preventing either parent from moving out of state with the child;
  • the responsibility to make or receive child support payments; and
  • the right to call the police or go back to court to enforce the order and hold the other parent in contempt if the other parent does not follow the court order.

What are the steps for filing for custody?

Before filing in court for custody, you may want to consider drawing up an out-of-court agreement with the other parent. Usually, parents will have to be flexible when it comes to custody and visitation for the benefit of the child. Often times, parents who fight for sole custody will litigate in court for months or even years and end up with some sort of joint custody agreement after settlement or trial. However, sometimes fighting for sole custody is necessary because you can’t agree with the other parent, the other parent is not allowing contact, or you fear for your child’s well-being. Especially with domestic violence, many abusers will try to keep power and control over the victim-survivor through the child, so joint custody isn’t recommended due to the power difference in the relationship. 

If you decide to file in court for custody, although custody laws vary by state, the process usually looks similar to this:

  1. File for custody 
    Depending on the state, you may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition. The exact petition you file may depend on whether you are married or not:
    • If you are a married parent who is also filing for divorce, you can usually include the custody petition within the divorce process.
    • If you are a married parent who is not filing for divorce, you can file for custody on its own.
    • If you are an unmarried parent, you can seek custody in court. However, if paternity hasn’t been established, which means that the father hasn’t been legally recognized, then this process will likely have to happen first or as part of the custody process.

      2.  Prepare for the custody process

The court custody process is usually very long and can be emotionally and financially draining. If you are representing yourself in court, you can learn about the court process and how to present evidence in our Preparing for Court – By Yourself section. If you are able to hire an attorney, you can use this list of questions as your guide when deciding who to hire.  

During the court process, you will try to prove why you should have custody of your child. When preparing for court, you can gather evidence that helps make your case. This process should be directed by the factors the law says a judge should consider when deciding custody. You can see How will a judge make a decision about custody? for more information. It’s important to consider that the judge will be focused on what is in the best interest of your child and many states consider that this is to have a relationship with both parents.

      3.  Prepare for trial

There will be one or more hearings, including a trial, if the parties cannot reach an agreement by themselves or as part of a mediation process.  During trial, you or your attorney will be able to present evidence and to cross-examine the other party to help the judge make a decision.  

If you are a victim of domestic violence, you can plan for your safety while in court and you should ask the judge to include some protections in the custody order. For example, you can ask for some of the following terms:

  • communication between the parents can only be in writing;
  • all communication can only be related to the child; and 
  • a neutral third party should be present at the exchange of the child or should be the one to drop off and pick up the child.

You should also try to be as specific as possible in terms of the decision-making powers of each parent, who has the child on holidays, birthdays, etc., and the time and place for pick-ups and drop-offs of the child as to avoid future conflicts. 

      4.  Options if you lose the custody case

There could be a couple of options that are filed immediately after the judge makes the custody order:

  • motion for reconsideration asks the judge to decide differently based on the law or new evidence. 
  • An appeal moves the case to a higher court and asks that court to review the lower court’s decision due a judge’s error. 

A petition to change (modify) the order is an option that would not be filed right away. You could ask for a modification if, later on, a substantial change of circumstances happens. A few examples could be if the other parent gets sent to jail, charged with child abuse or neglect, or moves to another state. 

You can also watch our Custody, Visitation, and Child Support videos where we explain the process. The videos include information about the different types of custody, visitation, and related legal concepts that a judge will consider, as well as child support, and moving out of state with your child.

How will a judge make a decision about custody?

To determine custody, the judge has to consider what is in the best interest of the child. Among others, the following factors should be considered by the judge when analyzing the best interest of the child:

  1. the wishes of the parents regarding the child’s custody; 
  2. the reasonable preference of the child, if the judge believes the child to be of sufficient intelligence, understanding, and experience to express a preference;  
  3. the interaction and relationship of the child with the child’s parents, his/her siblings, and any other person who may significantly affect the child’s best interest; 
  4. the child’s adjustment to his/her home, school, and community;
  5. the mental and physical health of the parties and the child;
  6. the stability of the child’s home environment; 
  7. the moral fitness of the child’s parents; and
  8. the willingness and ability of each parent to facilitate a close and continuous relationship between the child and the other parent.1

Receiving public assistance is not a factor that will be considered when awarding custody.2

1 Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) 
2 RI Gen. Laws § 15-5-16 (d)(2)

Do I need a lawyer?

You do not need a lawyer to file for custody. However, it is highly recommended that you get a lawyer to make sure that your rights are protected. If you cannot afford a lawyer, you may be able to find sources for free or low-cost legal help on our RI Finding a Lawyer page. Even if you plan on representing yourself, a lawyer might be able to provide legal counsel on options available in your specific case or review your papers before you file them.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you. 

Can I change the state where the case is being heard?

Sometimes the court where a custody case was started may become an “inconvenient forum.” This essentially means that there is a court in a different state that is more convenient for that specific case. This usually happens when one or both parents move to a different state with the child. When this happens, either parent or the judge in the current court or in the court of a different state may raise the issue of the inconvenient forum. To decide if the case should be heard in a different court, the judge will consider:

  • if there has been domestic violence, whether it’s likely to continue and which state could better protect you and your child;
  • how long your child has lived outside of the state;
  • the distance between the court in Rhode Island and the court in the state that would take the case;
  • the finances of the parties;
  • any agreement between you and the other parent as to which state should hear the case;
  • the nature and location of the evidence needed to resolve the case at hand, including testimony of your child;
  • the ability of each court to decide the case promptly and the procedures that need to be followed to present evidence; and
  • how well each court knows the facts and issues being litigated.1

1 RI Gen. Laws § 15-14.1-19