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Child custody cases in Rhode Island are often the most complicated, emotionally intricate and difficult type of family law. Whether as a result of a divorce, change of life circumstance or something more complex, child custody arrangements protect not only your rights, but the rights of the child. With so much at stake, you need an experienced and top rated Rhode Island child custody attorney to help you through the family court process and achieve the best results under the circumstances. You don’t have to navigate a child custody dispute on your own, contact Braatz Family Law to speak with a top rated Rhode Island child custody lawyer today at (401) 440-1171.
At Braatz Family Law, our Rhode Island family attorneys have helped thousands of families navigate the issue custody. From amicable agreements in divorce cases, to emergency orders in abuse cases, we handle all aspects of Rhode Island child custody law including emergency custody, custody modification, and child visitation issues.
We approach RI child custody cases in family court with the utmost care and sensitivity, working to ensure the best outcome for the child. Our experienced RI child custody attorneys’ goals are to create a path for families and children to thrive and help our Rhode Island child custody clients achieve the best possible outcome. Our Family Law Attorneys can provide legal assistance to establish legal custody and physical placement agreements, amicably resolve custody issues, and establish a visitation schedule for the non-custodial parent.
How Is Child Custody Decided in Rhode Island?
When it comes to child custody cases, the Rhode Island Family Court standard for child custody is always to make decisions which they believe are in the best interests of the minor child or children. A Family Court Judge will attempt to avoid any change for the child, mainly because change can be traumatizing. Although this is usually status quo in Rhode Island, there are situations where the court can reconsider.
In the case where the parents have been separated prior to filing for divorce, then again the judge will avoid forcing any change upon the children and will look to continue the current arrangement. However, there are factors in a custody matters that may change the presumption and those factors can be presented to the court in a custody hearing.
Factors that Influence How Custody is Decided in Rhode Island
Here are a few of the factors that will determine how the court approaches custody in any case. Judges will always prioritize the best interest of the child and will consider the following:
- Pre-existing child custody arrangements (or the parenting plan prior to a judges decision)
- Each parent’s ability to care for the child
- The amount of time each parent currently spends with the child
- Criminal history of each parent including domestic violence or substance abuse infractions
- The reasonable preference of the child if the child is of sufficient intelligence, understanding and experience to express a preference
- The physical health and mental health of the child as well as each of the parents
- The stability of the child’s home environment
- The moral fitness of each parent
- Prior misses child support payments
- A willingness of each parent to foster a meaningful relationship with the other parent
There are many legal rights you have during the process of child custody and navigating them on your own can be very difficult. Especially if you have a very complex child custody case, with our legal advice we can help you through this challenging part of your life. Our law firm and experienced RI child custody lawyers have built a reputation and top-notch legal counsel to deliver a best-in-class representation and look forward to working with you. Don’t battle this on your own, contact Braatz Family Law today at (401) 440-1171.
Here are a few of the most common questions your attorney can give you legally once you have retained them:
Q: I want to modify my child custody agreement, do I have a case to do this and what are the next steps?
A: There are many factors that go into custody agreements including prior orders, age of the child, safety of the child, wishes of the child if they are over 14, living arrangements and prior or new criminal charges against one or both of the parents. A custody lawyer with extensive experience can review the specifics of your case and can give legal advice on modifications and changes and how to navigate custody disputes.
Do you need legal assistance with a custody case?
Contact us for a free consultation.
Q: My child’s other parent is not fit for visitation at this time, what are my options?
Q: I have concerns about abuse happening at my child’s other parent’s house, what do I do to protect them?
Q: I have a child custody agreement that is not being followed by the other party, how do I get the courts to enforce it?
Q: I am considering an out of state move, but have a shared custody agreement in Rhode Island, what are my options?
Q: My child’s other parent keeps threatening to take them away, can they do that? What are my rights?
Q: What are different types of custody?
A: The main types of custody of children are Legal and Physical or, a variation on one or the other.
- Legal: Legal Custody means that you are responsible and involved in important life decisions regarding your child. Examples of major decisions include, where they go to school, what religious instruction they receive, whether they need academic tutoring or psychological counseling, and when they go to the doctor. The majority of states usually rule for both parents to have legal custody and work together on these major decisions.
- Physical: Physical custody means where the child lives. There are many different cases of physical custody. In many cases, this is joint between the parents, but it can be sole. When it is sole physical custody with one parent, the other parent is referred to as the noncustodial parent.
- In either of the cases above, they can be either sole, meaning one parent or joint as in both parents.
Q: What are visitation rights?
A: Visitation rights are limitations or restrictions on child custody. When a couple divorces, their divorce attorneys will negotiate the child custody decisions involving shared custody, joint custody, split custody, or sole custody. When sole custody is granted by the court to one of the parents, they become the custodial parent. The other parent becomes the non-custodial parent and they maintain the right to see and visit the child, absent extraordinary circumstances—this is what is called “visitation rights.” It is a right given by the court to the non-custody parent allowing them to see their children after they lose custody in a divorce dispute.
Q: How does joint custody work?
A: Joint custody means that both parents have frequent contact with their children and have an equal say in the child’s upbringing. However, a joint physical custody award doesn’t mean that the parents have exactly equal time with their child.
Q: Can a father keep the child away from the mother?
A: In either scenario, the usual answer is no. There are exceptions though in the case where the child could be in emotional or physical danger.