Rhode Island Physical cyustody
Over the last few decades, more mothers have held jobs outside of the home than ever before, which has increased the number of child custody physical placement fights in Providence Family Court, when two parents divorce. Child custody decisions are usually determined by the Providence Family Court judge or general magistrate whose primary concern is determining placement with the parent who serves the best interest of the children involved.
Residential Physical Placement in Rhode Island
Placement, legal custody and visitation are three components of the decision of exactly where the minor child of the the parties will live in the years ahead. The Physical Custody of the children involves a decision concerning the best interest of the child. To make a best interest of the child determination, the Court will look at the moral fitness of the parents as well as the health of the parents and other factors. Placement involves determining the location where the child will reside. Physical custody is the same concept as physical placement. The parent who does not have physical placement, will have parenting time. The parenting time will be on a schedule set in accordance with the family court judge’s order or by mutual agreement of the parties. The parent who does not have placement will usually be obligated to pay child support to the other parent. Shared physical placement is when the child resides nearly equally with both parents. Split custody is when one or more child resides with the a parent and another child or children live with the other parent.
Legal Custody In Providence Family Court
Legal custody also needs to be determined by the Family Court. Legal custody will either be joint custody to both parties or sole custody to the parent with physical placement. Legal custody refers to the parents sharing decision-making responsibilities equally. Legal custody also pertains to access to medical, dental and school records. Parties share joint custody in the vast majority of cases in Rhode Island Family Court.
Below are tips to increase the potential of winning child custody in Rhode Island that include:
Be Clear and Concise
Many couples in their battle to divorce in ProvidenceFamily Court will fight for custody of the child even when it does not fit the parent’s lifestyle. It is important that parents in a RI divorce understand the available arrangements for physical custody and visitation. The less common choice of parents, but increasingly popular, is shared physical custody. Shared physical placement involves the child spending extended time with one of his or her parents and then extended time with the other. Shared physical placement usually means that both parents spend nearly equal parenting time with the children. Typically, family court judges stay away from shared custody options because it may be disruptive to the child’s life. Nonetheless, judges will allow the parties to decide themselves that shared placement is best for their family Many times, the judge will hear testimony from expert witnesses or listen to the child’s own words to determine what is best for them. However, a Guardian ad-litem can be appointed by the Court to do an investigation and interview the parties, witnesses and the children, if the children are old enough. The guardian ad litem can issue a report and make recommendations to the Rh0de Island Family Court as to what is in the best interest of the child.
The factors for the RI Family Court to consider in making custody determinations:
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). 582 A.2d 909 (1990) Gregory J. PETTINATO v. Susanne L. PETTINATO.No. 89-56-A .Supreme Court of Rhode Island. November 30, 1990.*910 Joseph Sciacca, Palombo & Piccirilli, Providence, for plaintiff. Karen Pelczarski, William Landry, Blish & Cavanagh, Providence, for defendant.OPINION SHEA, Justice.)
Respect the Ex-Spouse
It is important to show respect to the ex-spouse, even if their ability as a marital partner was less than admirable. This is because the failure to show respect for the spouse’s parenting contributions to the child as an active and nurturing caretaker often places a large roadblock in the courtroom when the judge is attempting to resolve custody issues. In all likelihood, you are getting a divorce in Rhode Island because you had differences in lifestyles, values, opinions or other factors that led to the end of the marriage. However, the family judge will want to see how both parents participate in the lives of their children, build bridges of cooperation together and agree on the best methods of raising the child even though each parent is leading a separate life.
Hiring the best Rhode Island child custody attorney
Negotiation is the key component to winning custody of the child. Because of that, it is best to avoid hiring a combative RI custodial lawyer. Instead retain a Rhode Island divorce attorney who understands how to minimize conflict and achieve a favorable outcome that is both economic and affordable. The Providence child custody lawyers will need to be sensitive to the child’s emotional needs, clearly understand the spouse’s position and have a comprehensive understanding or Rhode Island family Law.
“About half (50.6 percent) of all custodial parents had either legal or informal child support agreements. • Custodial parents receiving the full amount of child support due declined between 2007 and 2009, from 46.8 percent to 41.2 percent. • Of the $35.1 billion in child support due in 2009, 61.0 percent was reported as received, averaging $3,630 per custodial parent who was due support. • Child support represented 62.6 percent of the average income for custodial parents below poverty who received full support.” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income, Current Population Reports By Timothy S. Grall, Issued December 2011 P60-240 https://www.census.gov/prod/2011pubs/p60-240.pdf