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EspañolWhat can I do if the other parent doesn’t follow the custody order?
If the other parent is not following the custody order, you can file a motion for contempt in family court. This means you’re asking the judge to take action because the other parent is not obeying the order. If the judge agrees that the order isn’t being followed, s/he can:
- punish the other parent;
- make sure the current order is followed; and
- issue a new order to make up for the violation, like giving a parent extra time with the child to make up for missed time.
If the parent who has primary custody (the custodial parent) refuses to let the other parent have visits two or more times, this could be a reason to take custody away from the custodial parent.1 However, if a parent couldn’t follow the order because s/he was serving in the military or deployed out of state, that alone is not enough to change the custody or visitation order.2
If you are the custodial parent and the non-custodial parent is not using his/her visitation time, the judge usually won’t force him/her to use it. The reason behind this is that forcing a parent to spend time with the child if s/he doesn’t want to might not be in the child’s best interest. However, if the non-custodial parent keeps missing visits when you have joint physical custody, this might be a reason to ask for the order to be changed to sole physical custody. It’s a good idea to talk to a lawyer to help you figure out the best next steps. You can go to our Rhode Island Finding a Lawyer page to find lawyers in your area.
1 R.I. Gen. Laws § 15-5-16(d)(1)
2 R.I. Gen. Laws § 15-5-16(g)(7)
If a custody order is already in place, how can I get it changed?
If you have a final custody order, you can usually file to change (modify) it only if something important has happened since the order was issued. This is called a “significant change in circumstances.” The judge may agree to change the custody order if s/he believes that the change is in the best interest of the child based on these new circumstances.
Under Rhode Island law, if a domestic violence incident happens after the custody order is made, this is considered a change in circumstances. Then the judge would have to decide if it’s in the child’s best interests to change the order.1
1 R.I. Gen. Laws § 15-5-16(g)(5)
Can I move my custody case to another state?
After a final custody order is in place, there may come a time when you and your child move to a new state, and you want to transfer your custody case there. To learn how to request this, visit the Transferring a custody case to a different state section on our general Custody page. You can also read our Rhode Island-specific question, Can I change the state where my custody case is being heard?
However, before moving your child out of state, you may need permission from the judge or the other parent. Talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
What can I do if the abuser keeps taking me to court?
If the abuser keeps filing court cases or motions against you in order to abuse, harass, intimidate, or threaten you, or to have contact with you, it could qualify as “abusive litigation.” You can file papers in court to request an order restricting abusive litigation if certain requirements are met. To learn more, visit our Litigation Abuse section.
