Rhode Island Child Custody and Visitation
Attorney Brenda L. Fortune is a successful Rhode Island Family Law attorney handling Rhode Island’s most difficult Child Custody hearings.
In Rhode Island Child Custody and Visitation is a decision based on what is in the best interest of the minor child. The Rhode Island Legislature has not statutorily defined the factors that compose "the best interests of the child" standard.
The Rhode Island Supreme Court ruled in Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) that:
Consequently in this state, the best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices. However, there are identifiable factors that must be weighed in the best interests of the child analysis when relevant. These factors include:
- 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.
The best interests of the child should not be determined by assessing any one factor. The trial justice must consider a combination of and an interaction among all the relevant factors that affect the child's best interests.
Many individuals contact Rhode Island Child Custody Lawyer Brenda L. Fortune to modify and existing Child Custody Order. In order to modify any currently existing Child Custody Order the moving party must show that a substantial change in circumstances in their Child Custody Motion presented to the court. This language is crucial for an advantageous outcome. The Rhode Island Supreme court reiterated this language in Recard vs. Polite 935 A.2d 101 (R.I. 2007)
A Family Court justice should not modify a child’s custody-placement decree unless there has been a showing by the moving party by a preponderance of evidence that ‘the conditions or circumstances existing at the time the decree was entered have so changed that it should be modified in the interest of the child[’s] welfare.’” Kettelle v. Kettelle, 707 A.2d 268, 269 (R.I. 1998) Until and unless the moving party meets this burden, the prior custody award should remain intact.”
Careful drafting of a Motion to Modify Child Custody by Rhode Island Family Child Custody Lawyer Brenda L. Fortune, home page is the first step for a successful outcome. Email Child Custody Lawyer Brenda L. Fortune Brenda@FortuneLawOffice.com now for a free initial consult
RHODE ISLAND CHILD SUPPORT
In Rhode Island, Child Support is calculated by a Child Support Guidelines Formula. It is important to know that there are many deductions and circumstances to a party that may be considered to adjust in an increase or decrease in the child support amount Order. For this reason, it is important to have a skilled Family Law Lawyer Brenda L. Fortune to guide you in completing your Guideline Worksheet that must be submitted to the court. In addition to the Guideline Worksheet the Family Court also requires that every new and modified Child Support Order include an executed CSS1form. Instructions for this form can be found at the Rhode Island Family Court Website.
Each and every family circumstance is unique and because of this uniqueness it is imperative that that you engage a Rhode Island Family Law Attorney Brenda L. Fortune who will listen to your concerns and will develop a strategy to obtain the best possible solution for child custody, visitation rights, and child support.
Attorney Brenda L. Fortune has successfully negotiated hundreds of child custody cases call her now (401) 782-2300 or
Divorce Lawyer Brenda L. Fortune…Serving Your Interest, Protecting Your Future and Constitutional Rights
The following is a the list of applicable Rhode Island state laws:
CHAPTER 15-9
Support of Child
Index Of Sections
- § 15-9-1 Duty of parent to pay support and maintenance to the agency or person having custody of the child.
- § 15-9-2 Enforceability.
- § 15-9-3 Division of taxation within the department of administration as legal representative – Payment of costs.
- § 15-9-4 Severability.
- § 15-9-5 Duty of department to parent.
CHAPTER 15-14.1
Uniform Child Custody Jurisdiction and Enforcement Act
A selection from the Index Of Sections
- § 15-14.1-4 Application to Indian tribes.
- § 15-14.1-6 Effect of child custody determination.
- § 15-14.1-11 Taking testimony in another state.
- § 15-14.1-12 Cooperation between courts – Preservation of records.
- § 15-14.1-13 Initial child custody jurisdiction.
- § 15-14.1-15 Jurisdiction to modify determination.
- § 15-14.1-20 Jurisdiction declined by reason of conduct.
- § 15-14.1-21 Information to be submitted to court.
- § 15-14.1-22 Appearance of parties and child.
- § 15-14.1-23 Additional definitions in this chapter.
- § 15-14.1-24 Enforcement under Hague Convention.
- § 15-14.1-25 Duty to enforce.
- § 15-14.1-26 Temporary visitation.
- § 15-14.1-27 Registration of child custody determination.
- § 15-14.1-30 Expedited enforcement of child custody determination.
- § 15-14.1-31 Service of petition and order.
- § 15-14.1-33 Warrant to take physical custody of child.
- § 15-14.1-34 Costs, fees, and expenses.
- § 15-14.1-36 Appeals.
- § 15-14.1-37 Role of prosecutor or public official.
- § 15-14.1-38 Role of law enforcement.
