Custody

You can file for custody in Rhode Island if one of these is true:

1. 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
    
2. 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;
    
3. 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
4. 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