Rhode Island Child Custody

Posted by admin on April 27th, 2006

In Rhode Island there are no set standards or guidelines to aid the courts and judges when making their decisions in child custody cases. The custody of the children is determined by what would be in the best interest of the children and that the non-custodial parent should have reasonable visitation as long as it is not detrimental to the children. There are also no certain terms for joint custody.

Even though there are no exact guidelines set for determining child custody, Rhode Island has several guidelines for the payment of child support and visitation by the natural parent and the grandparents.

Normally, most states will listen to all the evidence to ensure that the children are placed in the home that is in their best interest, many times without any type of statue or guidelines to follow the judge or jury will choose according to their own thoughts as to which parent would be best suited to rear their children. In most cases, even in states like Rhode Island that do not have any set guidelines they will hear all information and evidence so they can make an intelligent decision when it comes to child custody.

Many times, the court will listen to the wishes of the parents, and if the children are old enough they will also listen to their wishes. This may be done in the judge’s chamber instead of in the courtroom. They will also look at how the children interact with both parents, and anyone else living in the home, including their siblings. How well adjusted the children are in their school and community can also play a part as to who will be awarded custody. The physical and mental health of parents, the children and others in the home can also affect the awarding of child custody. If one parent was the main caretaker while the other one was at work, this can be a major factor especially with younger children. Any information that can aid the judge in deciding which parent or home would be best for the children can be submitted to the court.

Any type of domestic violence is a major factor when it comes to child custody. If either parent has been convicted of domestic abuse or if there is proof of domestic abuse, the court will look closely at this evidence because abuse in the home is not in the best interest of the children.

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