When a divorce or custody agreement is finalized, it provides a structured roadmap for co-parenting. But, as children get older and parents’ situations change, a custody agreement that worked fine may no longer be feasible. This leaves people wondering: Can custody be changed in Rhode Island? The short answer is yes. But having a child custody lawyer in Rhode Island can help you navigate the process for you and understand when you can request a change and when you can’t.
When Custody Modifications Are Allowed
Rhode Island law does not permit parents to alter custody orders simply because they are unhappy with the current arrangement or want a minor change in the schedule. To protect children from constant upheaval and to keep their best interests a priority, the Rhode Island Family Court requires the parent seeking the change to prove that a substantial change in circumstances has occurred since the original order was issued.
A substantial change means something significant and ongoing that directly impacts the child’s welfare or a parent’s ability to care for them. Common examples include:
- Parental Relocation: If one parent needs to move out of state or far away for a job or remarriage, the current visitation schedule may now be impossible. Family, or remarriage, making the current visitation schedule impossible.
- Safety and Environment Concerns: When there is evidence of abuse, neglect, domestic violence, or a parent struggling with untreated substance abuse, a child custody arrangement can be changed.
- Shift in Living Situations: A significant change in a parent’s work schedule, physical or mental health, or living conditions can impact their ability to parent over time.
- The Child’s Changing Needs: As children get older, their education, medical, or emotional needs may also change. This can require a different routine and a change in child custody.
As a family law attorney in Warwick, RI, the team at Inman & Tourgee is here for you every step of the way. We have the experience needed to help you navigate through these tough times.
Best Interests of the Child Standard
Proving a substantial change in circumstances is only a piece of the puzzle. Once that is done, the judge will also consider the proposed changes under the best interests of the child standard. The judge will consider various factors to determine which environment the child will thrive in best.
They will assess the physical and emotional health of both parents, as well as the stability of the child’s current home, school, and community. The judge also considers how parents are working together to ensure the child has a relationship with both of them. If the child is old enough, a judge may also consider the child’s preferences.
Filing a Modification Request
It is a common misconception that if both parents agree to a new schedule, they can implement it informally. Informal agreements do not have legal standing. If you deviate from the court order by obtaining a legal modification, you may be held in contempt of court.
You must follow these steps to change your custody order legally:
File a Motion
The parent seeking the change must file a Motion to Modify Custody within the Rhode Island Family Court that issued the original order.
Provide Proper Notice
The moving party must legally serve the other parent with copies of the motion and the upcoming court date. This requires having documentation to support your claim. This can include school report cards, medical records, and financial documents.
Attend the Hearing
If both parents agree to the changes, the judge may approve the consent order relatively quickly. If the modification is contested, both sides will have a chance to present arguments and evidence at a hearing. The judge will issue a final ruling.
How Lawyers Help With Custody Changes
When you work with Inman & Tourgee to help with custody changes, we will first evaluate your case. We can objectively assess whether your life changes meet the standard for substantial change in circumstances.
If you and your ex-spouse are on good terms, our team can properly draft a consent order that accurately reflects your new agreement and submit it for judicial approval.
Our team also has the expertise you can trust to build a strong case if the modification is contested. Our goal is to protect the best interests of the child and to represent your best interests. We will advocate for your parental rights in all cases.
If you have more questions about whether child custody can be changed in Rhode Island, call us today at 401-823-9200 or reach out online to schedule an appointment.
