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:
- the wishes of the parents regarding custody;
- what the child wants, if s/he is old enough and mature enough to express a preference;
- 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;
- the child’s adjustment to his/her home, school, and community;
- the mental and physical health of the child and both parents;
- the stability of the child’s home environment;
- the moral fitness of the child’s parents; and
- 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)