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)