Rhode Island Specific

Rhode Island Child Custody: How Judges Decide

In Rhode Island, custody decisions are based on the best interest of the child. There is no automatic presumption for joint custody — the court evaluates each family's circumstances individually.

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Legal vs. Physical Custody

Legal Custody

The right to make major decisions about your child's life: education, healthcare, religion, activities. In Rhode Island, the court decides based on the child's best interest.

Physical Custody

Where the child actually lives day-to-day. Joint physical custody means roughly equal time. Primary custody means one parent has the child most of the time.

Best Interest Factors in Rhode Island

✓The child's health, safety, and welfare

✓Each parent's ability to care for the child

✓The child's existing ties to home, school, and community

✓History of domestic violence or substance abuse

✓Each parent's willingness to foster the child's relationship with the other parent

✓The child's preference (if old enough and mature enough)

✓Each parent's mental and physical health

✓The stability of each parent's home environment

Common Custody Schedules

Alternating weeks (50/50)

One week with each parent. Works best when parents live close together.

2-2-3 rotation (50/50)

Shorter stretches — 2 days, 2 days, 3 days alternating. Better for younger children.

Every other weekend + weekday

Primary parent has child most of the time; other parent gets every other weekend plus a weekday. Roughly 80/20.

3-4-4-3 schedule (50/50)

3 days/4 days one week, then 4 days/3 days the next. Consistent midweek transitions.

Mistakes That Hurt Custody Cases

✗Badmouthing the other parent in front of children
✗Denying court-ordered parenting time
✗Moving away with children without court permission
✗Posting negative things about your spouse on social media
✗Using children as messengers or spies
✗Being inflexible to punish the other parent

Every situation is different

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Legal Disclaimer: This article covers Rhode Island divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Rhode Island family law attorney for advice specific to your situation.