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EspañolCan a parent who committed domestic violence get custody or visitation?
When deciding about custody, the judge must consider evidence of past or present domestic violence. Rhode Island law says domestic violence happens when your child’s other parent does any of the following to you:
- hurts or tries to hurt you physically;
- makes you afraid you will be seriously physically hurt in the immediate (imminent) future; or
- makes you have sexual relations by force, threat of force, or duress.1
However, even if a parent has been abusive, the judge may still grant him/her custody or visitation rights. If the judge allows visits, s/he must do so in a way that protects the child and you from further harm.2 As a condition for giving the abuser custody or visitation, the judge may order that the abuser:
- successfully complete a batterer’s intervention program;
- participate in a substance abuse program;
- post money or title to property (a bond) with the court to ensure the safety and return of the child;
- not be given the child’s address and telephone number;
- exchange the child in a protected setting;
- have supervised visitation;
- not use or have alcohol or drugs during visits; and
- follow any other condition that the judge thinks is necessary to keep the child, you, or other household members safe.3
1 RI Gen. Laws § 15-5-16(g)(1), (g)(4)
2 RI Gen. Laws § 15-5-16(g)(1)
3 RI Gen. Laws § 15-5-16(g)(3)
Can a parent who physically or sexually abused the child get visitation?
If a parent physically or sexually abused a child, the judge can deny visits. However, the judge can review the case every year. The judge will check if the parent has done anything to change and improve (rehabilitate) him/herself. Then, the judge will decide if no visitation is still in the best interest of the child.1
The judge can also order the parent who was abusive to go to counseling. If the parent doesn’t, that alone can be a reason to deny visitation.2
1 RI Gen. Laws § 15-5-16(d)(3)
2 RI Gen. Laws § 15-5-16(d)(5)
If my child was conceived due to sexual assault, can the offenderIf my child was conceived from sexual assault, can the abuser get custody or visitation? get custody or visitation?
In most cases, the abuser cannot get any custody or visitation if both of the following are true:
- The abuser was criminally convicted of:
- first degree sexual assault;
- second degree sexual assault;
- first degree child molestation sexual assault; or
- a similar crime in another state; and
- You became pregnant (conceived) as a result of the sexual assault.1
However, there is one exception. The judge may allow supervised visitation and require the abuser to go to counseling, but only if both of the following are true:
- You are the child’s mother or legal guardian, and you agree; and
- After a hearing, the judge decides this is in the best interest of the child.1
1 RI Gen. Laws § 15-5-16(d)(4)
Can a grandparent get visitation?
A grandparent can file a petition in court to ask the court for visitation with his/her grandchild.1 However, the judge will assume (presume) that if a parent has refused to allow visits, the parent’s decision is reasonable. To allow grandparent visitation against a parent’s wishes, the judge must hold a hearing and decide that all of the following are true:
- Visitation is in the child’s best interest. The judge will look at:
- the relationship between the grandparent and child;
- how much time they have spent together;
- the possible benefits and harms to the child;
- how visitation might affect the parent-child relationship;
- the child’s preference if s/he is old enough and mature enough to give an opinion; and
- the parent’s reasons for refusing visits;
- The grandparent is “a fit and proper person” to have visitation;
- The grandparent tried repeatedly to visit the grandchild during the 30 days before filing in court, but one or both of the parents didn’t allow it;
- The grandparent has no other way to see the grandchild without a court order; and
- The grandparent showed evidence that convinced the judge the parent’s refusal of visits was unreasonable.2
1 RI Gen. Laws § 15-5-24.3(a)(1)
2 RI Gen. Laws § 15-5-24.3(a)(2)
Can a sibling get visitation?
A sibling or step-sibling can file a petition to ask the court for visitation with a child. The judge will hold a hearing where the child’s parents can be present. To allow a sibling or step-sibling reasonable visitation rights, the judge must decide that all of the following are true:
- Visitation is in the best interest of the child;
- The sibling is a “fit and proper person” to have visitation;
- The sibling couldn’t visit the child during the 30 days before filing in court because the child’s parent or guardian didn’t allow it;
- The sibling has no other way to see the child without a court order; and
- The sibling showed evidence that convinced the judge the parent’s refusal of visits was unreasonable.1
1 RI Gen. Laws § 15-5-24.3(b)
