| The Supreme Court of Rhode Island has been | | | | Slepkow |
| consistent about delineating the factors that The | | | | "1. The wishes of the child's parent or parents |
| Rhode Island Family Court must analyze in determining | | | | regarding the child's custody. 2. The reasonable |
| Rhode Island Child Custody Cases. Child Custody | | | | preference of the child, if the court deems the child to |
| battles in Rhode Island usually occur in the context of | | | | be of sufficient intelligence, understanding, and |
| Divorce cases, Post Divorce cases or Miscellaneous | | | | experience toexpress a preference. 3. The interaction |
| Petitions between non married parents seeking | | | | and interrelationship of the child with the child's parent |
| custody. | | | | or parents, the child's siblings, and any other person |
| The Supreme Court of Rhode Island has been | | | | who may Significantly affect the child's best interest. 4. |
| consistent about delineating the factors that The | | | | The child's adjustment to the child's home, school, and |
| Rhode Island Family Court must analyze in determining | | | | community. 5. The mental and physical health of all |
| Rhode Island Child Custody Cases. Child Custody | | | | individuals involved. 6. The stability of the child's home |
| battles in Rhode Island usually occur in the context of | | | | environment. 7. The moral fitness of the child's |
| Divorce cases, Post Divorce cases or Miscellaneous | | | | parents.8. The willingness and ability of each parent to |
| Petitions between non married parents seeking | | | | facilitate a close and continuous parent-child relationship |
| custody. | | | | between the child and the other parent." Pettinato v. |
| The RI Family Court must determine what is in the | | | | Pettinato, 582 A.2d 909, 913-14 (R.I. 1990). |
| "best interest of the child" This is very subjective and | | | | If a parent is trying to modify an existing Child Custody |
| analytical standard. It is adviseable to contact a Rhode | | | | determination / Family Court Order then that parent |
| Island Divorce Lawyer or a RI Family Law Attorney to | | | | must also prove a substantial change in circumstances |
| get legal advice concerning the facts and | | | | since the last custody order. The Rhode Island |
| circumstances in your case. There are 8 basic factors | | | | Supreme Court ruled "Moreover, before a final |
| that the judge should look at in determining the best | | | | custody decree can be reopened or amended, the |
| interest of the child. These factors are used by the | | | | moving party must establish by a fair preponderance |
| court in determining both physical and legal custody of | | | | of the evidence that the conditions or circumstances |
| children | | | | existing at the time the decree was entered have so |
| Rhode Island Divorce Lawyer | | | | changed that it should be modified in the interest of the |
| Rhode Island Lawyers Attorneys | | | | children's welfare." Pettinato v. Pettinato "Until and |
| "This [C]ourt has held that child-custody awards must | | | | unless the moving party meets this burden, the prior |
| be made in the 'best interest[s]' of the child." quoting | | | | custody award should remain intact." Id. |
| Petition of Loudin "[T]he best interests of the child | | | | There is often conflicting allegations and factual |
| standard remains amorphous and its implementation | | | | disagreements concerning the above listed factors. |
| has been left to the sound discretion of the trial | | | | Therefore, the Rhode Island Family Court relies heavily |
| justices." Id. Several factors must be taken into | | | | on psychologist, Psychiatrist, social workers, dcyf |
| consideration by the Judge in making a best interests | | | | report and the opinions of the Guardian ad Litem for |
| of the child determination. However, no single factor is | | | | the minor child. Legal Notice per Rules of Professional |
| determinative; rather "[t]he trial justice must consider a | | | | Responsibility: The Rhode Island Supreme Court |
| combination of and an interaction among all the | | | | licenses all lawyers and attorneys in the general |
| relevant factors that affect the child's best interests." | | | | practice of law, but does not license or certify any |
| Among the factors the court must consider are the | | | | lawyer / attorney as an expert or specialist in any field |
| following: | | | | of practice. |
| Rhode Island Law Articles by RI Attorney David | | | | |