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Información Legal: Rhode Island

Custodia

Leyes actualizadas al 19 de julio de 2024

How will a judge make a decision about custody?

A judge will decide custody based on what s/he believes is in the best interest of the child. To figure out what’s best for the child, the judge considers many factors, including:

  1. the wishes of the parents regarding custody;
  2. what the child wants, if s/he is old enough and mature enough to express a preference;
  3. the interaction and relationship of the child with his/her parents, 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 child and both parents;
  6. the stability of the child’s home environment; 
  7. the moral fitness of the child’s parents; and
  8. how willing and able each parent is to help the child have a close and continuous relationship with the other parent.1

Getting public assistance is not a factor that will be considered by the judge in a custody decision.2

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