| The Supreme Court of Rhode Island has been | | | | preference of the child, if the court deems the |
| consistent about delineating the factors that The | | | | child to be of sufficient intelligence, understanding, |
| Rhode Island Family Court must analyze in | | | | and experience to express a preference. "3. The |
| determining Rhode Island Child Custody Cases. | | | | interaction and interrelationship of the child with |
| Child Custody battles in Rhode Island usually occur | | | | the child's parent or parents, the child's siblings, |
| in the context of Divorce cases, Post Divorce | | | | and any other person who may Significantly |
| cases or Miscellaneous Petitions between non | | | | affect the child's best interest. "4. The child's |
| married parents seeking custody. | | | | adjustment to the child's home, school, and |
| The RI Family court must determine what is in | | | | community. "5. The mental and physical health of |
| the "best interest of the child" This is very | | | | all individuals involved. "6. The stability of the child's |
| subjective and analytical standard. | | | | home environment. "7. The moral fitness of the |
| Please contact a Rhode Island Divorce Lawyer or | | | | child's parents. "8. The willingness and ability of |
| RI Family Law Attorney to get legal advice | | | | each parent to facilitate a close and continuous |
| concerning the facts and circumstances in your | | | | parent-child relationship between the child and the |
| case. | | | | other parent." Pettinato v. Pettinato, 582 A.2d |
| There are 8 basic factors that the judge should | | | | 909, 913-14 (R.I. 1990). |
| look at in determining the best interest of the | | | | If a parent is trying to modify an existing Child |
| child. These factors are used by the court in | | | | Custody determination / Family Court Order then |
| determining both physical and legal custody of | | | | that parent must also prove a substantial change |
| children | | | | in circumstances since the last custody order. The |
| "This [C]ourt has held that child-custody awards | | | | Rhode Island Supreme Court ruled "Moreover, |
| must be made in the 'best interest[s]' of the child." | | | | before a final custody decree can be reopened or |
| quoting Petition of Loudin "[T]he best interests of | | | | amended, the moving party must establish by a |
| the child standard remains amorphous and its | | | | fair preponderance of the evidence that the |
| implementation has been left to the sound | | | | conditions or circumstances existing at the time |
| discretion of the trial justices." Id. | | | | the decree was entered have so changed that it |
| Several factors must be taken into consideration | | | | should be modified in the interest of the children's |
| by the Judge in making a best interests of the | | | | welfare." Pettinato v. Pettinato "Until and unless |
| child determination. | | | | the moving party meets this burden, the prior |
| However, no single factor is determinative; rather | | | | custody award should remain intact." Id. |
| "[t]he trial justice must consider a combination of | | | | There is often conflicting allegations and factual |
| and an interaction among all the relevant factors | | | | disagreements concerning the above listed |
| that affect the child's best interests." | | | | factors. Therefore, the Rhode Island Family Court |
| Among the factors the court must consider are | | | | relies heavily on psychologist, Psychiatrist, social |
| the following: | | | | workers, dcyf report and the opinions of the |
| "1. The wishes of the child's parent or parents | | | | Guardian ad Litem for the minor child. |
| regarding the child's custody. "2. The reasonable | | | | |