English
EspañolWhat is custody?
Custody is the legal responsibility for the care and control of your minor child under 18. There are two types of custody:
- Legal custody refers to the right to make major decisions about your child, including decisions about education, medical care, and religion.
- Physical custody includes the physical care and supervision of your child.1
1 R.I. Gen. Laws § 15-14.1-2(14)
How is paternity established?
There are three main ways to establish paternity:
- Marriage - If a child is born during the marriage or within 300 days after a divorce, the law assumes the spouses are the child’s parents.1
- Signing an acknowledgment of parentage - Parents can sign this form:
- at the hospital when the child is born; or
- at the Rhode Island Center for Vital Records after the birth.2
- Going to court - A petition to establish parental rights and responsibilities can be filed in family court or superior court.3 The person filing it must provide the Social Security number of the person s/he believes is the father. If paternity is established, the court shares this information with the Office of Child Support Services.4 The petition can be filed by:
- the child;
- the person who gave birth;
- the person whose parentage is being decided;
- the Office of Child Support Services; or
- a representative authorized by law.5
1 R.I. Gen. Laws § 15-8.1-401
2 Rhode Island Office of Child Support Services website
3 R.I. Gen. Laws § 15-8.1-111
4 R.I. Gen. Laws § 15-8.1-104(c), (e)
5 R.I. Gen. Laws § 15-8.1-105
What is mediation, and when is it ordered?
Mediation is a process where both parents work with a qualified neutral person (a mediator) to reach an agreement about custody and visitation. The mediator doesn’t give legal advice. If the judge orders mediation, any information shared with the mediator is “privileged,” which means that it cannot be used in court.1
The judge may order mediation at different stages of the case:
- Before a trial - to try to settle custody and visitation without going to trial;
- During a trial - if the judge is handling other issues aside from custody, like if there is an ongoing divorce, s/he may only deal with the non-custody issues until mediation is completed; then, there could be a separate trial for custody and visitation if mediation fails; or
- After a trial - if a trial has taken place regarding non-custody issues, if there is an ongoing divorce, for example, the judge may rule on the other issues but wait to finalize custody and visitation. Then, if the parents reach a custody agreement in mediation, it can become part of the final order.2
Rhode Island law does not specifically allow domestic violence victims to opt out of mediation. However, mediation with an abuser is usually not a good idea because of the power imbalance. If you are a domestic violence survivor, you can tell the judge about your situation and ask not to be sent to mediation.
1 R.I. Gen. Laws § 15-5-29(c)
2 R.I. Gen. Laws § 15-5-29(a), (b)
What are some pros and cons of getting a custody order?
There are many reasons people choose not to file for custody. Some people decide not to get a custody order because they don’t want to get the courts involved. Some parents make an informal agreement that works well for them. Some parents fear that starting a court case will provoke the other parent. They may fear that the other parent will fight for more custody or visits than they are comfortable with.
Even if the other parent is uninvolved with the child now, s/he may become involved when a case is filed in court. Also, if the other parent fights for custody, the case may drag on for a long time. This can be emotionally and financially draining. When you are in court for custody, the judge will look into many aspects of your personal life. For example, the judge may look into your mental health, criminal record, substance abuse issues, and relationships. You may prefer to keep these things private.
On the other hand, getting a custody order from a court can set out what legal rights each of the parents has, which can be a benefit. A custody order can give you the legal rights to make decisions about your child and have your child live with you. Without an order, both parents may share these legal rights, even if one parent takes care of the child daily. However, if you file for custody, the other parent may also request these rights. If you and the other parent don’t agree, the judge will decide what custody arrangement is best for the child.
We strongly recommend that you get advice from a local lawyer. A lawyer can help you decide if filing for custody is best for you based on the facts of your situation. You can find legal help by going to our Rhode Island Finding a Lawyer page.
