Stand Up For Your Custodial Rights As A Parent
One of the most contested issues in divorce is child custody. Disagreements about parenting time, child discipline, child support, educational costs and other issues may crop up long after the divorce is final. In some cases, the parents may need to go back to court to enforce a child custody and visitation agreement or amend an agreement when circumstances have changed.
At Robinson & Clapham, our family law lawyers have significant experience in resolving child custody issues for Rhode Island clients. We draw from this extensive experience to uphold your rights, whether this means negotiating a fair parenting schedule or appearing at trial for you.
What Can We Do For You And Your Children?
As your child custody attorney, we handle a wide spectrum of matters that can affect you. These include:
- Modifying parenting time agreements when a parent changes work shifts
- Changing child custody due to drug use or irresponsible behavior of the other party
- Modifying child support agreements due to a change in employment status or income
- Enforcing child visitation or child support agreements
- Making sure that fathers receive fair treatment in court
- Getting support for educational expenses for children attending private schools and colleges
- Fielding requests by parents with primary child placement to move out of state
- Seeking or defending against civil protection orders
In Rhode Island, a custodial parent ordinarily cannot permanently leave the jurisdiction without the permission of the court or the other party. Our family law attorneys have represented both the custodial and noncustodial parents in court actions involving whether it is in the best interest of the child to move out of state.
Understanding Rhode Island’s Child Custody Framework
Rhode Island family courts make custody decisions based on specific legal standards designed to protect children’s well-being. Understanding these key concepts helps you prepare for your case:
- Legal versus physical custody: Legal custody refers to authority over major decisions about education, health care and religious training. Physical custody determines where your child lives and day-to-day care. You can share legal custody while one parent has primary physical custody.
- Joint versus sole custody: Joint custody means both parents share decision-making and parenting time, though not necessarily equally. Rhode Island courts prefer joint custody when parents can cooperate. Sole custody applies when one parent is unfit or when parental conflict would harm the child.
- Best interests factors: Courts evaluate each parent’s ability to provide stability, the child’s relationship with each parent, adjustment to home and school, parental mental and physical health, any domestic violence history, and each parent’s willingness to foster the other’s relationship.
- The child’s preference: Judges may consider your child’s custody preference based on age and maturity. Teenagers’ preferences carry more weight than younger children’s wishes, but no specific age guarantees control over the outcome.
Understanding these standards helps you present your case effectively and set realistic expectations.
Child Custody Mediation Versus Litigation: Choosing Your Path
You have options for resolving custody disputes, and understanding the differences helps you choose the right approach for your family.
Mediation allows you to control the outcome rather than leaving decisions to a judge. It’s faster, less expensive and less adversarial. A neutral mediator helps you negotiate custody arrangements while you maintain decision-making power. Mediation works best when both parents can communicate reasonably and prioritize their child’s well-being.
Litigation becomes necessary when mediation isn’t viable. The court provides enforceability and protection when power imbalances exist, domestic violence has occurred or one parent refuses good faith negotiation. A judge examines evidence and makes binding custody decisions.
The most effective path depends on your relationship with the other parent. If you can compromise on specific issues like schedules, mediation may resolve disputes efficiently. When fundamental disagreements exist or safety concerns arise, court intervention protects your child’s interests.
When mediation doesn’t resolve all issues, we transition to litigation while building on any partial agreements reached, which narrows what the court must decide.
Ask A Lawyer About Advocating For Your Parental Rights
If you are searching for a team of skilled divorce attorneys that offer personal service and practical solutions to your separation issues through zealous advocacy, contact our child custody lawyers at Robinson & Clapham. To request your initial consultation, please call our Providence office at 401-661-8287 or our Wakefield office at 401-783-3600, or use our online contact form to reach us.