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There is no set age when a child can decide not to visit with the other parent; when determining visitation, the Court will ultimately have to decide what is in the best interest of the child.
There is no set age in Rhode Island at which a child can decide which parent to live with. The court will consider the child's wishes, but they are not the only factor in custody decisions.
Joint custody in RI In a joint custody arrangement (sometimes called a split custody arrangement), both parents will share physical and legal custody of their children. For example, the mother may have the children during the workweek, while the father keeps them for the weekends.
How far can a parent move with joint custody? There are no limits for how far a non-custodial parent can move from an ex-spouse under Rhode Island law.
Parenting time regulations Rhode Island requires courts to give the parent who does not have physical custody a minimum amount of time with the child. The child must spend at least every other weekend and one night a week with the noncustodial parent unless the court has terminated those parental rights.
Rhode Island law says that fathers have a right to have parenting time with their kids. However, the father needs to be deemed a fit parent by the court. Furthermore, fathers also have a right to be with their children regularly, frequently and for a duration of time.
While there is no set age for a child to decide not to visit with one parent or to change a visitation schedule, the Court may consider the child' s preference. In doing so the Court will consider the child's age, maturity and reasons provided for wanting or not wanting to visit with a particular parent.
Child custody decisions are usually determined by the Providence Family Court judge or general magistrate whose primary concern is determining placement with the parent who serves the best interest of the children involved.