This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Rhode Island USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
What Makes An Unfit Parent? Physical or sexual abuse suffered by the child, at the hands of the parent. Parental history of domestic violence. Substance abuse and addiction leading to the neglect or mistreatment of the child. Physical or emotional abuse inflicted by the parent on the child.
A miscellaneous petition or complaint for custody is filed by submitting to the family clerk the following documents: the complaint for custody, a dr6, the family services counseling form, the summons, and the filing fee. If you cannot pay the filing fee, you should file for in forma pauperis status.
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.
Divorce courts are very willing to award 50/50 custody when both parents are deeply involved in their children's lives. However, if one parent can show that they have clearly been the more involved parent, 50/50 custody is much less likely. Unfortunately, that less involved parent is often the dad.
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.
Rhode Island is a ?no fault state.? Is property divided 50 /50 in a divorce? Property, assets and debts are not divided 50/50 in all divorces in Rhode Island. The vast majority of divorces in Rhode Island result in an equal split of the marital assets.
Although the state laws to determine custody in Rhode Island tend to support a primary/secondary custody arrangement, shared or 50/50 custody is available and commonly ordered by the courts.
There are no limits for how far a non-custodial parent can move from an ex-spouse under Rhode Island law. However, if moving will impact your pre-existing custody arrangement, you'll need to obtain approval from both your ex-spouse and the court before you can follow through with your move.
