Start with R.I. Gen. Laws §§ 15-5-16 to 15-5-16.2. In Rhode Island, Rhode Island uses Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.. Courts apply best-interests factors including the child’s wishes, parental wishes, interaction with family, adjustment to home/school, and mental and physical health. Joint custody may be ordered when in the child’s best interests; frequent contact with both parents is favored when safe. That is the question this guide answers for child custody and parenting time. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders. Modification: A substantial change of circumstances is required to modify custody.
Best-interests factors in Rhode Island
Courts apply best-interests factors including the child’s wishes, parental wishes, interaction with family, adjustment to home/school, and mental and physical health.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.
Joint custody may be ordered when in the child’s best interests; frequent contact with both parents is favored when safe.
How the Rhode Island rule applies
Apply the Rhode Island authorities in order. The facts are simplified so the statute and the standard are visible.
Two parents in Rhode Island disagree about where the child lives during the school week, and one wants to move.
- Use the labels Rhode Island actually uses: Legal custody and physical custody; visitation / parenting-time schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors including the child’s wishes, parental wishes, interaction with family, adjustment to home/school, and mental and physical health.
- Check any parenting presumption: Joint custody may be ordered when in the child’s best interests; frequent contact with both parents is favored when safe.
- If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders. Later changes follow: A substantial change of circumstances is required to modify custody.
Custody is addressed in divorce or a custody petition in Family Court. Mediation may be ordered. Final decrees allocate legal and physical custody and a parenting schedule.
Relocation with a child
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
Modifying a Rhode Island custody order
A substantial change of circumstances is required to modify custody.
How custody cases typically move in Rhode Island
Custody is addressed in divorce or a custody petition in Family Court. Mediation may be ordered. Final decrees allocate legal and physical custody and a parenting schedule.
Related Rhode Island guides
- How to file for divorce in Rhode Island
- Security deposit return in Rhode Island
- DUI penalties in Rhode Island
Case law: custody and parenting time in Rhode Island
Gregory J. Pettinato v. Susanne L. Pettinato.
Gregory J. Pettinato v. Susanne L. Pettinato., 1990 R.I. LEXIS 172 (1990)
…ne L. Pettinato’s appeal from a Family Court order awarding custody of a minor child to her now former husband. We affirm. On May 4, 1987, Gregory J. Pettinato (hereinafter Gregory) filed a complaint for divorce against Susanne. On the same date, Gregory also filed a motion for temporary custody of Gregory J. Pettinato, Jr. (hereinafter Gregory, Jr.). On May 4, 1987, the Family…
Practitioners open Gregory J. Pettinato v. Susanne L. Pettinato. when Rhode Island child custody turns on the distinction in this sentence: "L. Pettinato’s appeal from a Family Court order awarding custody of a minor child to her now former husband. We affirm. On May 4, 1987, Gregory J. Pettinato (hereinafter Gregory) filed a complaint for divorce against Susanne." Do not lift it out of the facts the court was deciding.
Roy C. McDONOUGH v. Kelly M. McDONOUGH
Roy C. McDONOUGH v. Kelly M. McDONOUGH, 2009 R.I. LEXIS 6 (2009)
…s of irreconcilable differences, seeking, inter alia, joint custody and the continuation of the children’s residency in Rhode Island. Kelly counterclaimed for divorce, requesting permission to relocate their minor children outside Rhode Island. The trial commenced in June 2007, at the conclusion of which the parties entered into a property settlement agreement resolving all iss…
Practitioners open Roy C. McDONOUGH v. Kelly M. McDONOUGH when Rhode Island child custody turns on the distinction in this sentence: "Rhode Island. Kelly counterclaimed for divorce, requesting permission to relocate their minor children outside Rhode Island." Do not lift it out of the facts the court was deciding.
Paul Engelhardt El Al. vs. Eugene C. Bergeron
Paul Engelhardt El Al. vs. Eugene C. Bergeron, 113 R.I. 50 (1974)
…rate petitions were filed in the Family Court, each seeking custody of Jeannette Bergeron, age three years, and Monica Bergeron, age one year. The case appears before us on appeal from a decree of a justice of that court awarding permanent custody of the minor children to Paul and Eveline Engelhardt, hereinafter referred to as the petitioners, and denying the petition for custo…
On child custody, Paul Engelhardt El Al. vs. Eugene C. Bergeron speaks to the Rhode Island dispute in this passage: "Family Court, each seeking custody of Jeannette Bergeron, age three years, and Monica Bergeron, age one year." The surrounding opinion shows how the court applied that language to the record.
Sylvia Carolina AFRICANO v. Frank R. CASTELLI
Sylvia Carolina AFRICANO v. Frank R. CASTELLI, 2003 R.I. LEXIS 234 (2003)
…500 counsel fee to the father, and awarding temporary legal custody of Francesca to the Department of Children, Youth and their Families (DCYF). She contends that the court violated her due-process rights when it suspended child-support payments to her without first conducting a hearing. She also contends that the trial justice violated her constitutional right to travel by con…
Practitioners open Sylvia Carolina AFRICANO v. Frank R. CASTELLI when Rhode Island child custody turns on the distinction in this sentence: "Francesca to the Department of Children, Youth and their Families (DCYF). She contends that the court violated her due-process rights when it suspended child-support payments to her without first conducting a hearing." Do not lift it out of the facts the court was deciding.
In Re PRICILLION R.
In Re PRICILLION R., 2009 R.I. LEXIS 65 (2009)
…uently was filed, and the child was placed in the temporary custody of DCYF. Mr. Renfro was compliant with services, and in March 2000 DCYF recommended that the case be closed. DCYF soon became involved again in May 2000, however, when two anonymous callers alleged that Mr. Renfro had descended into daily intoxication, that his apartment was in terrible condition and smelled of…
On child custody, In Re PRICILLION R. speaks to the Rhode Island dispute in this passage: "DCYF. Mr. Renfro was compliant with services, and in March 2000 DCYF recommended that the case be closed. DCYF soon became involved again in May 2000, however, when two anonymous callers alleged that Mr." The surrounding opinion shows how the court applied that language to the record.
Robert E. DUPRÉ v. Melanie S. DUPRÉ
Robert E. DUPRÉ v. Melanie S. DUPRÉ, 2004 R.I. LEXIS 162 (2004)
…y as this appeal. Not only do the parties enjoy joint legal custody, but also they were awarded joint physical placement by the terms of a property settlement agreement that was incorporated into the decision pending entry of final judgment. Of particular significance to our inquiry are the logistical challenges facing the parties and their two children. Father resides in James…
Practitioners open Robert E. DUPRÉ v. Melanie S. DUPRÉ when Rhode Island child custody turns on the distinction in this sentence: "Not only do the parties enjoy joint legal custody, but also they were awarded joint physical placement by the terms of a property settlement agreement that was incorporated into the decision pending entry of final judgment." Do not lift it out of the facts the court was deciding.
Marianne Sammataro v. Robert Sammataro.
Marianne Sammataro v. Robert Sammataro., 1993 R.I. LEXIS 36 (1993)
…is decision on the merits, the general master awarded joint custody of the child to both parties but gave actual possession to the defendant. In the course of his decision, the general master made the following statement. “There has been a finding, and I find nothing to the contrary, both are fit and proper parents herein. The Plaintiff, however, is presently a recipient of pub…
Rhode Island opinions such as Marianne Sammataro v. Robert Sammataro. are cited where child custody is disputed. The court stated: "In the course of his decision, the general master made the following statement. “There has been a finding, and I find nothing to the contrary, both are fit and proper parents herein." That is the language to brief; the rest of the decision supplies the procedural posture.
Dupre v. Dupre
Dupre v. Dupre, 857 A.2d 242 (2004)
…y as this appeal. Not only do the parties enjoy joint legal custody, but also they were awarded joint physical placement by the terms of a property settlement agreement that was incorporated into the decision pending entry of final judgment. Of particular significance to our inquiry are the logistical challenges facing the parties and their two children. Father resides in James…
Rhode Island opinions such as Dupre v. Dupre are cited where child custody is disputed. The court stated: "Not only do the parties enjoy joint legal custody, but also they were awarded joint physical placement by the terms of a property settlement agreement that was incorporated into the decision pending entry of final judgment." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Best-interests standard: Courts apply best-interests factors including the child’s wishes, parental wishes, interaction with family, adjustment to home/school, and mental and physical health.
- Labels used in Rhode Island: Legal custody and physical custody; visitation / parenting-time schedules implement physical custody..
- Parenting-time posture: Joint custody may be ordered when in the child’s best interests; frequent contact with both parents is favored when safe.
- Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
- Modification: A substantial change of circumstances is required to modify custody.
- Primary authority: R.I. Gen. Laws §§ 15-5-16 to 15-5-16.2.
Frequently asked questions
What does Rhode Island call “custody”?
Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
How do I change an existing custody order in Rhode Island?
A substantial change of circumstances is required to modify custody.
This guide covers Rhode Island custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.