Shared Physical Placement in RI is when parents rotate parenting time with the children in a manner that is nearly 50 percent. This is also commonly described as “shared physical custody.” In some circles it is also described as “joint placement”. Shared placement could involve sharing a week, alternating weeks or months or any sharing arrangement which is nearly equal.
Shared Physical Custody
The Rhode Island Child Support Guidelines have been amended to provide a formula for shared placement. In many instances, the parties agree that neither party will pay child support to the other as a result of the fact that each parent has equal parenting time. According to the 2023 Rhode Island child support guidelines, the parent who earns more income should pay a reduced child support amount to the other parent with shared placement. You can calculate child support using the Rhode Island child support guideline worksheet.
Some Judges do not like shared physical custody and will only acquiesce to it if the parties agree. Do not confuse shared physical placement with Joint Legal Custody aka “joint Custody.” “Joint custody” means joint legal custody. This means that the parents will consult with each other about important decisions concerning the child and each will have full access to all records concerning the children.
Rhode Island child custody legal standard:
“This Court has held that child-custody awards must be made in the ‘best interests’ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative; rather “the trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:
1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.” Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990). 582 A.2d 909 (1990)