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Child Custody & Visitation
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The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.
Here is the situation: You have been separated from your spouse for two years, and have just filed for divorce and your first hearing for child support is a week away. You are living with the love of your life (not your spouse). Your children live with you and are happy. All seems fine. What could go wrong?
Many states have differing terminology for legal and physical custody. In Rhode Island, legal custody is the ability to have input in major life decisions of the children in question. A person with "sole custody" has sole legal custody, and does not need to include the other parent in the decision making process things like health, education, or religious upbringing issues of the children.
To file for divorce in Rhode Island, a person must be a resident of the state for at least one year. The courts will, however, allow a person who has lived in the state less than one year to file if the respondent spouse has lived in the state for the required time period.
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