The custody of children is generally handled by the RI Family Court as a part of the divorce process. There are, however, many other situations where the Family Court might determine the legal and physical custody of a child. While a divorce decree is final, the custody of a child may be reopened at any time depending on the circumstances.
There is a difference between the legal custody of a child and the physical placement. In a divorce one parent may receive sole legal custody and physical placement. Or the parents may be granted joint custody with one parent granted physical placement. Or the court may order not only joint custody, but also a shared placement during the year.
If joint custody is granted, both parents have an equal say in the major events of the child's life although the parent with the physical placement will handle the day to day decisions.
In Rhode Island joint custody is the norm when it is requested. You would have to show the court a valid reason for denying the other parent joint custody.
If the parents at the time of the divorce can agree on the physical placement then the judge will generally go along. Remember that the standard that the judge is using is the best interest of the child, not the best interest of the parents. In a custody fight between divorcing parents evidence will be presented as to why one parent is better suited to care for the child and why the other parent is not. Use of drugs, live in boyfriend or girlfriend, and psychological factors can all be considered by the judge.
In order to change the physical placement in a contested case, the party making the motion must show a significant change in circumstances. This change of circumstance might be in the living arrangements of the other parent, use or non-use of drugs, or other circumstances that might have a detrimental effect on the child. If the original decision was based on a circumstance in your life at the time which has been corrected, the court can be requested to reconsider placement of the child.
This depends on the original order of custody and visitation. If the original order places prohibitions on such a move then the circumstances of such an eventual move and the impact on physical custody and/or visitation are then spelled out ahead of time. Even if this has not been addressed then the move might be considered a significant change in circumstances which may permit you to make a motion to the court at that time. Generally the court does not look with favor on such moves that would deny or place undo hardships on contact and visitation of the parent without the physical placement.
It is rare indeed for visitation of any type to be denied by the court. The court would have to be convinced that there was a danger to the child. Even then it depends on the evidence. The court may provide for supervised visitations.
This is a tricky situation. If the father is known and the parents are living apart, then a lawyer should be consulted to protect the parental rights of either parent. Child support is an issue and may become an even bigger issue if welfare payments are being made in support of the child. If the father is not known then the mother should consult a lawyer to protect her rights and to avoid unwanted interference in the future.
The court may award temporary custody and physical placement to relatives or anyone else for that matter. Generally permanent custody in the form of adoption cannot be given to anyone until such time as the parental rights of both parents are revoked.
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Jan W. Head, Attorney At Law - 1345 Warwick Avenue - Warwick, RI 02888 - Tel: 401-463-9151