Custody

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.