| Is there a particular age when a child can decide | | | | may include the judge denying your request for |
| which parent they want to reside with, in a RI child | | | | placement, sole custody or relocation. |
| custody or Rhode Island Divorce case? | | | | The older a child is, the more weight / influence the |
| There is no set age when a child can decide to live | | | | judge will give to the child's preferences regarding |
| with their mother or father in a Rhode Island Child | | | | custody, placement, visitation and relocation out of |
| Custody Case. In fact, theoretically, the child is not | | | | state. Younger children usually have a greater |
| allowed to make the decision. In reality, older children | | | | influence on proving facts rather than making |
| have a very significant impact on child custody | | | | decisions. The child may tell the investigator or Judge |
| determinations by a Rhode Island Family Court Judge. | | | | that their parent abuses them or if they are afraid of |
| In making a child custody determination, the Court | | | | their parent. The child may tell the investigator that |
| makes a decision based on the "best interest of the | | | | the parent makes negative or disparaging comments |
| child". | | | | about a parent in front of the child. The child may |
| Please contact Rhode Island Divorce Law and Child | | | | make allegations regarding parental alienatation. |
| Custody Law Lawyer David Slepkow (401-437-1100) | | | | Children typically do not get to make the decision |
| if you are seeking a Rhode Island Attorney / Lawyer. | | | | concerning legal custody. Legal custody pertains to |
| The preference of the child is only one of the | | | | who gets to make decisions concerning religion, |
| factors that a Rhode Island Family Court Judge may | | | | education, social development, activities and medical |
| consider in determining the best interest of the child. | | | | decisions. Legal Custody will either be Sole Custody |
| Please see below for all factors that the Rhode | | | | to one parent or Joint Custody to both parents. Sole |
| Island Family Court utilizes to determine Child | | | | Legal Custody means that a parent can make all |
| Custody. | | | | important and major decisions concerning a child's |
| If an older child such as a 15, 16 or 17 year old has a | | | | health, welfare and upbringing without consulting with |
| preference and that opinion is expressed to the | | | | the other parent. Joint Legal Custody means both |
| Judge, Court Investigator or Guardian ad Litem than | | | | parents should be involved in major / important |
| the judge will usually respect the child's desire. | | | | decisions concerning a child's upbringing, education, |
| There are some exceptions to an older child's | | | | medical and religious welfare. However,The factual |
| decision being decisive. In some cases, despite the | | | | assertions and opinions of the children may play a |
| child's age, the child does not know what is in his | | | | role in the Rhode Island Family Court's decision |
| best interest. If the child does not have a good | | | | concerning legal custody. |
| reason for his decision then the judge can deny the | | | | Child Custody matters involving preference of the |
| child's request. If the other parent is not a fit and | | | | child may play a role in Rhode Island Divorce, |
| proper person to have placement of the child then | | | | Paternity, Miscellaneous Petitions for Custody, DCYF, |
| the Judge can deny the request. The Judge can deny | | | | Motions to modify Custody or placement and |
| a child's request if the parent the child would like to | | | | visitation disputes. Children have no real influence on |
| reside with has a drug or alcohol problem or a criminal | | | | Child Support cases. |
| record. In some cases, RI Family Court Judges are | | | | The Child Custody Factors in Rhode Island: |
| hesitant to change placement if the child has | | | | "This [C]ourt has held that child-custody awards must |
| behavioral issues and the child is merely rebelling | | | | be made in the 'best interest[s]' of the child." quoting |
| against the imposition of rules and structure. | | | | Petition of Loudin "[T]he best interests of the child |
| Children also may be given influence in Child Visitation | | | | standard remains amorphous and its implementation |
| cases in RI. Children may play a role in the | | | | has been left to the sound discretion of the trial |
| determination of whether visitation should be | | | | justices." Id. Several factors must be taken into |
| overnight. Children often play a role in whether | | | | consideration by the Judge in making a best interest |
| visitation should be supervised or unsupervised and | | | | of the child determination. However, no single factor |
| the length of duration of visitation. Children also may | | | | is determinative; rather "[t]he trial justice must |
| be given influence when the parent with physical | | | | consider a combination of and an interaction among all |
| custody files a motion to relocate out of state. | | | | the relevant factors that affect the child's best |
| Practical Tip: If you are aware that your children | | | | interests." Among the factors the court must |
| support your position regarding Visitation, Custody, | | | | consider are the following: |
| Placement or Relocation out of state then have your | | | | 1. The wishes of the child's parent or parents |
| children interviewed by the Judge, RI Family Services | | | | regarding the child's custody. |
| or a Guardian ad Litem. | | | | 2. The reasonable preference of the child, if the court |
| Children ages 11, 12, 13 & 14 may also given | | | | deems the child to be of sufficient intelligence, |
| significant influence over Rhode Island Child | | | | understanding, and experience to express a |
| Custody, Visitation and Relocation cases. | | | | preference. |
| Judges in Rhode Island have different philosophies on | | | | 3. The interaction and interrelationship of the child |
| how they deal with children. Some judges will not | | | | with the child's parent or parents, the child's siblings, |
| interview children. They will have the Family Court | | | | and any other person who may significantly affect |
| investigators from Rhode Island Family services or | | | | the child's best interest. |
| the Guardian ad Litem interview the children. The | | | | 4. The child's adjustment to the child's home, school, |
| Court Investigator or the Guardian ad Litem then will | | | | and community. |
| issue a report to the RI Family Court Judge or | | | | 5. The mental and physical health of all individuals |
| Magistrate handling the matter. | | | | involved. |
| There are some judges who will bring the child into | | | | 6. The stability of the child's home environment. |
| chambers for an interview. The Judge will usually | | | | 7. The moral fitness of the child's parents. |
| bring the court reporter to transcribe the | | | | 8. The willingness and ability of each parent to |
| proceedings. Some judges will allow the attorneys to | | | | facilitate a close and continuous parent-child |
| question the child in chambers in front of the judge. | | | | relationship between the child and the other parent." |
| Practical Tip: Don't coach your children. This is unfair | | | | Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. |
| to the child and puts unnecessary stress and | | | | 1990). |
| pressure on the child. Also, the Child will usually tell the | | | | In many contested child custody cases, Professionals |
| Judge or Family services about the coaching. If the | | | | such as Social workers, Therapists, Psychologists, and |
| Judge believes that you have engaged in coaching | | | | the Guardian ad litem for the children may play a |
| then there may be severe sanctions. The Sanctions | | | | major role. |