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EspañolHow 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)
Do I need a lawyer?
You do not need a lawyer to file for custody, but it is a good idea to have one. A lawyer can help protect your rights and guide you through the process.
If you cannot afford a lawyer, you may be able to get free or low-cost legal help. Check out our Rhode Island Finding a Lawyer page for resources.
Even if you plan to represent yourself, a lawyer may still be able to give you advice about your options and review your paperwork before you file.
If you go to court without a lawyer, you may find our Preparing for Court – By Yourself section helpful.
Can I file for child custody in Rhode Island?
You can file for custody in Rhode Island if one of these is true:
- Rhode Island is your child’s “home state.” This means Rhode Island is the last place where your child has lived for at least six months in a row;1
- Your child recently moved or was taken to another state, but Rhode Island was the home state. If your child has been in the new state for less than six months, and one of the parents or “a person acting as a parent” still lives in Rhode Island, you can file for custody here;
- Another court could have taken the case, but decided not to. If another state had legal power (jurisdiction) but ruled that Rhode Island is the better place (more appropriate forum) to decide custody, you can file if:
- your child and at least one of the parents or “a person acting as a parent” has a significant connection with Rhode Island, aside from just physically being here; and
- there is substantial evidence in Rhode Island about your child’s care, safety, education (training), and relationships; or
- No other state’s court has the legal power to decide custody. If no other state qualifies to make custody decisions because none of the reasons listed above apply to a different state, then Rhode Island may take the case.2
1 R.I. Gen. Laws § 15-14.1-2(7)
2 R.I. Gen. Laws § 15-14.1-13
Can I change the state where my custody case is being heard?
Sometimes, the state where your custody case started may no longer be the most convenient place for it. This is known as an “inconvenient forum.” It often happens when one or both parents move to a different state with the child.
When this happens, either parent, the current judge, or a judge in a new state where you or the other parent wants to move the case can raise the issue of an inconvenient forum. The judge will consider the following factors to decide if the case should be moved to a new state:
- domestic violence - if there has been domestic violence, whether it’s likely to continue, and which state can better protect you and your child;
- time outside the state - how long your child has lived outside of the state where the case was originally litigated;
- distance - how far the Rhode Island court is from the other state’s court;
- finances - the financial situation of both parents;
- agreement - whether you and the other parent have agreed on which state should hear the case;
- location of evidence - the nature and location of the evidence needed to resolve the case, including your child’s testimony;
- speed of decision-making - how quickly each court can make a decision and each court’s procedures for presenting evidence; and
- familiarity with the case - how well each court knows the facts and issues in the case.1
1 R.I. Gen. Laws § 15-14.1-19(a), (b)(1)-(8)
