Child Custody Laws in Rhode Island

The Family Court regulates custody based on the best interests of the children and must provide reasonable visitation for the parent without custody unless cause is shown. The fact that a parent receives public assistance may not be a factor in awarding custody. The custody statute does not list specific best-interest factors or a child's preference age.

A person suffering domestic abuse can file a complaint in Family Court for a protective order, which can include an award of custody of the parties' minor children. When the complaint is filed, the court may enter temporary orders, and if a sworn affidavit or verified complaint shows specific facts that immediate and irreparable harm will happen before notice and a hearing, the court can issue a temporary order without notice. An order entered without notice lasts no more than 21 days unless extended, and a hearing is set within a reasonable time. When the court is closed, a Family Court judge can grant emergency relief by telephone through law enforcement, which expires at the close of the next business day unless extended.