Rhode Island Child Custody Law

August 1, 2010 By Law Library Leave a Comment

 

The Rhode Island Family Court judge utilizes the “best interest of the child” standard in Rhode Island Child Custody and Child Visitation cases. The Factors a Family Court Judge should use in making a “best interest of the child” determination are set forth in the seminal Rhode Island case of Pettinato v Pettinato, 589 A.2d 909 (R.I. 1990)

Child Custody, Visitation and Placement issues are usually determined by the RI Family Court in Divorce , Post Divorce, Paternity, DCYF, Family Law, and Child Custody Cases.

This Rhode Island Law Article was authored by a Rhode Island Divorce Lawyer and Rhode Island Child Custody Attorney, David Slepkow.  401-437-1100

The Basics of Legal Custody

The Judge of the Rhode Island Family Court can award either sole legal custody to a parent or may award Joint Legal Custody to both parents. The issue of legal custody is completely independent of the issue of visitation. RI Visitation Rights are beyond the scope of this Rhode Island Law Article. Please Consult with Rhode Island Child Custody Lawyer David Slepkow about the facts of your case.
         
Sole Legal custody

Sole Legal Custody means that a parent can make all important and major decisions concerning a child’s health, welfare and upbringing without consulting with the other parent.  These major decisions include religious, educational, medical and general welfare decisions. The parent with sole custody of the child will also have physical placement of the child. The parent with sole legal custody has complete access to medical, educational and other records related to the child.

Joint Legal Custody

Joint Legal Custody means both parents should be involved in major / important decisions concerning a child’s upbringing, education, medical and religious welfare. Theoretically, both parents with joint custody have equal rights in making important decisions regarding their child or children. Both parents have full rights to access all medical, educational and other records pertaining to the child. In order for joint Custody to be feasible, the parents must have some level of communication and respect for each other to allow them to co-parent.

Physical Placement – Physical custody
   
The Court must also award to one parent physical placement of the child or children. Physical placement is where the child will be living on a day to day basis. Physical placement is also commonly known as “physical custody” The parent who does not have physical custody of the child will have reasonable visitation rights. The parent with physical placement of a minor child has the right to receive Rhode Island Child support from the parent who has visitation rights. Child Support is typically determined by the Rhode Island Child Support Guidelines

Shared Physical Placement

Shared Physical placement (Shared Physical custody) is when the child splits time residing with both parents.  Shared Physical placement is relatively rare in Rhode Island. In some instances the child may be placed with one parent for half the week and then the other parent the other half of the week. Some parents will alternate weeks or months. This type of arrangement is usually only done by agreement of the parties and is rarely ordered by the Court Absent an agreement.

Split Physical Placement

Split physical Placement is when one child lives with the father and one child lives with the mother. It can also be when the children are split in away so that at least one child lives with a parent and at least one child lives with mother.

      
If the Parents cannot agree to Legal Custody, Physical Placement or Visitation, then The RI Family court must determine what is in the “best interest of the child” This is very subjective and analytical standard.

It is advisable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case. There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children

must be made in the ‘best interest[s]‘ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative; rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:

1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.”  Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).

In many contested child custody cases, Professionals such as Social workers, Therapists, Psychologists, and the Guardian ad litem for the children may play a major role.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers / attorneys in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.

 

Filed Under Family Law Tagged With Child, Custody, Island, Rhode

Florida Child Custody Law

July 26, 2010 By Law Library Leave a Comment

What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.

Filed Under Family Law Tagged With Child, Custody, Florida

What You Should Know About Child Custody Laws

July 20, 2010 By Law Library Leave a Comment

Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.

Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.

The most important consideration in a child custody case is what is in the best interest of the child. The child’s well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.

The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child.
Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.

However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.

Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.

There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.

Filed Under Family Law Tagged With About, Child, Custody, Know, Laws, Should

Helping To Understand Child Custody Laws

July 14, 2010 By Law Library Leave a Comment

Once you and your spouse become involved in a divorce action, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.

Determine Which Court Has Jurisdiction in Your Case

The process must start with an understanding of the custody laws that apply to your situation. Custody laws are set by the States, so it is important to know which State’s laws apply in your case, if one spouse has moved to another state. One example of this disparity is seen in the case of a custodial parent who fails to follow the visitation rules set by the court in a custody case. In some States, the non-custodial parent must file a lawsuit against the custodial parent. In other States, the non-custodial parent can ask that a warrant be served against the custodial parent.

The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.

Look for Support From Support Groups

Figuring out which laws apply in your situation is just the first step in the process. You may be able to find a great deal of help in understanding the details of your case by seeking help from support groups that are in your area. One example of such a group is the Children’s Rights Council, which is organized in most, if not all, States. Locate the one nearest you by using an Internet Search Engine. If you join the CRC, you may be eligible to receive legal advice from lawyers who provide help for members of the organization, and can help you to understand your rights and obligations in the custody system. There are also support groups that provide help for single fathers and mothers as well.

Make Use of Resources That Are Available on the Internet

Resources that are available on the Internet can help you to determine how the custody laws in your jurisdiction have been applied to past cases which are similar in nature to your own. Online research may also provide ideas and suggestions that you may find useful if your spouse is not complying with the conditions of the custody ruling in your case, following it’s disposition. You will also find a variety of guides and e-books which are available, and can provide a rich source of information that you can use. It is important, however, to be certain that the author, or authors, of any such guide are truly qualified to provide such advice.

A divorce, with the attendant custody struggle, is almost always going to turn out to be one of the most difficult times of your life. Still, many divorced parents find a way to make the custody arrangements something that ultimately works to the best interests of their children. While you and your former partner or former spouse are no longer living under the same roof, you can, and definitely should, make certain that your children receive the love, attention, and care that they need from both of you. Having a firm grasp of the custody laws that apply to your case will always be very useful tool in the event that there are any future disagreements about the children’s situation.

Filed Under Family Law Tagged With Child, Custody, Helping, Laws, Understand

Child Custody Laws: Knowledge Is Power

July 8, 2010 By Law Library Leave a Comment

Child custody laws vary according to jurisdiction, but most states and provinces follow a basic set of concepts designed to be fair and equitable and protect the interests of the children.

If you’re a party in a child custody action, understanding child custody laws and their application is important to ensuring a favorable outcome for you and your child. You may have retained counsel in your child custody action, but a basic understanding of the law will make you an informed participant in the proceedings and help you ensure your attorney is acting with due diligence.

The intent of child custody law is to reach a decision in “the best interests of the child.” A child custody decision in “the best interests of the child” demands consideration of the wishes of the parents, the child, as well as the child’s relationship with each parent, their brothers and sisters, and other influential persons. Other factors considered are, the child’s home environment, school, and community, and the parents’ physical and mental well-being.

In child custody law actions, the court determines which parent should have physical and legal custody of the child or children who are the subject of the action.

Physical custody means that a parent has the right to have a child live with him or her. Many states’ child custody laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.

In child custody law, legal custody refers to the right to make decisions about a child’s upbringing, which includes decisions about the child’s education, religion and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by state and federal government.

The current trend in child custody law is a preference by courts to award joint custody to parents, based on the reasoning that having access to both parents is in a child’s best interest. In most applications of child custody law, joint custody means that each parent shares equally in the decision making process and tax benefits are also equitably shared.

In child custody law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents, however, courts may impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend.

Cases in which child custody law would deny visitation rights often include non-custodial parents who have abused the child or noncustodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.

In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her. Child custody laws in many jurisdictions require custodial parents to notify and gain the agreement of the non-custodial parent before he or she can relocate to another place far way. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.

To Learn More On Child Custody Laws Visit www.webfamilylaw.com

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Filed Under Family Law Tagged With Child, Custody, Knowledge, Laws, Power
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