David Slepkow

Multi-state Divorce & Child Custody Litigation

May 24, 2025 By David Slepkow

Rhode Island lawyer David Slepkow has extensive experience representing clients involved in multi-state child custody, divorce and child support litigation. He also represents many out of state family law Clients. David works with out of state clients to provide them with the same high level of service and exceptional results that he provides to his RI based clients.

RI Family Court attorney representing the military

Multi-state Child Custody cases — Multi-state child custody cases

David Slepkow represents clients from across the United Sates. Numerous litigants seeking a divorce in RI, are in active duty military service. Many litigants are international clients and clients from across the United States. David has extensive interstate child custody and visitation experience. David has represented many clients in the United States Army, Navy, Air force, Merchant Marines, National Guard and / or Marines.

Multi-state custody and family law litigation

David Slepkow will take the necessary actions to resolve a custody, child support or family law matter without requiring his out of state or international clients to attend court. In many cases, David is able to arrange a telephonic custody or child support hearing. This allows his clients who reside in other states or countries to be able to testify in Providence Family Court Hearing without the expense and hassle of attending Family Court in RI.

UCCJEA and PKPA | multi-state laws

David has in depth and extensive experience resolving custody cases involving the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA). Read the Rhode Island UCCJEA Here: CHAPTER 15-14.1 Uniform Child Custody Jurisdiction and Enforcement Act

David also has experience representing clients in:

Multi State Child Support Issues involving contempt,
child support liens,
child support modification,
Child Support Terminations,
College and Daycare Issues,
Motions to modify Child Support,
License Suspensions as a result of Child Support Arrears,
Motions to determine arrears

Multi-state child custody and child support Cases

David has represented clients in multi-state child custody and child support Cases involving Rhode Island and the following states: Florida, California, Utah, Texas, Massachusetts, New York, New Jersey, Connecticut, Maine, New Hampshire, Colorado and other states.

David has represented many clients who no longer reside in Rhode Island but are in the process of obtaining a divorce in Rhode Island. David has also handled Dozens of visitation cases involving children residing in Rhode Island who visit with parents in other states. David also has extensive experience in relocation cases in which one parent seeks to permanently change the residency of a child and relocate of Rhode Island and the other parent seeks to oppose the relocation.

The Uniform Interstate Family Support Act (UIFSA)

UIFSA is the uniform law adopted by states to establish and enforce child support orders across state lines. The Uniform Family Support Act assures that child support orders are fully recognized as well as enforced in other states. This prevents parents from evading child support obligations by moving out of state. UIFSA also clarifies and simplifies the process for establishing paternity and enforcing child support orders when more than 1 state is involved. UIFSA helps establish jurisdiction to establish a support obligation or modify it. UIFSA permits states to enforce child support orders made in other states. This makes it more simple to collect child support payments across state lines.

David is very accommodating to his out of State clients

David is very accommodating to his out of state clients. David has represented many clients who he never actually met in person. David communicates with his out if state and international clients via email, fax, federal express, instant message and phone.

Multi-state Custody issues typically involve the UCCJEA. The UCCJEA has been adopted in almost every state and the District of Columbia, Guam and the US Virgin Islands. The Uniform Child Custody Jurisdiction And Enforcement Act (“UCCJEA”) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997.

Basics of Legal Custody & Physical Custody by a Child Custody Attorney

May 24, 2025 By David Slepkow

Rhode Island Family Court judges utilize the “best interest of the child” standard in child custody and visitation cases. These custody factors are set forth in the seminal Rhode Island custody law case of Pettinato v Pettinato, 589 A.2d 909 (R.I. 1990) Custody decisions are made in all types of domestic matters including: post divorce, paternity, DCYF, family law, and restraining order cases. If you need legal representation in Providence Family Court contact a child custody lawyer. A child custody lawyer will fight to get you justice in Providence Family Court. Rhode Island Family Court magistrates and Judges should utilize a “best interest of the child” standard in making custody decisions.

Fundamentals of Legal Custody

child-custody-ri — Providence custody lawyer

The Judge can award either sole legal custody to a parent or may award joint legal custody to both parents. If a party is awarded joint custody it is essentially a certification that that person is a fit and proper person to make custodial decisions. Once a parent agrees to give the other party joint custody, they cannot later claim the person is unfit unless there are new allegations after the joint custody award. Legal custody is independent of the issue of visitation. Visitation Rights are beyond the scope of this legal post.

Sole Legal custody

Sole legal custody means that one parent can make all important and major decisions concerning a child’s health, welfare and upbringing without consulting with the other parent. Unless a parent lives out of state, has drug, criminal, mental health issues or is abusive to the child, it will typically be joint custody. These major decisions include religion, education, medical and general welfare decisions. The parent with sole custody of the child will usually have physical placement of the child. The parent with sole legal custody has complete access to medical, educational and other records related to the child.

Joint legal custody

Joint Legal Custody means both parents should be involved in major / important decisions concerning a child’s education, upbringing, medical and religious welfare. Theoretically, both parents with joint custody have equal rights in making important decisions regarding their child or children. The parent who the child resides with will have a lot more influence in custodial decisions. Both parents have full rights to access all medical, educational and other records pertaining to the child. For joint custody to be feasible, the parents must have some level of communication and respect for each other to allow them to co-parent.

Physical placement – physical custody

The Court must also award to one parent physical placement of the child or children. Physical placement is where the child will be living on a day to day basis. Physical placement is also commonly known as “physical custody.” The parent who does not have physical custody of the child will have reasonable visitation rights. The parent with physical placement of a minor child has the right to receive child support from the parent who has visitation rights. Child support is typically determined by the Rhode Island child support guidelines

Shared physical placement

Shared physical placement (shared physical custody) is when the child splits time residing with both parents. Shared physical placement is relatively rare in Rhode Island. In some instances, the child may be placed with one parent for half the week and then the other parent the other half of the week. Some parents will alternate weeks or months. This type of arrangement is usually only done by agreement of the parties and is rarely ordered by the court absent an agreement.

Split physical placement

Split physical Placement is when one child lives with the father and one child lives with the mother. It can also be when the children are split in away so that at least one child lives with a parent and at least one child lives with mother.

If the Parents cannot agree to legal custody, physical placement or visitation, then the family court must determine what is in the “best interest of the child.” This is very subjective and analytical standard.

It is advisable to contact a Rhode Island Divorce Lawyer or a RI family law attorney to get legal advice concerning the facts and circumstances in your case. There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children.

Best interest of child

“This Court has held that child-custody awards must be made in the ‘best interests’ of the child.” quoting Petition of Loudin “The 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:

The wishes of the child’s parent or parents regarding the child’s custody.
The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
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.
The child’s adjustment to the child’s home, school, and community.
The mental and physical health of all individuals involved.
The stability of the child’s home environment.
The moral fitness of the child’s parents.
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).

In many contested child custody cases, Professionals such as social workers, therapists, psychologists, and the guardian ad litem for the children may play a major role.

What statute gives the RI Family Court jurisdiction to hear child custody matters?

RI general law establishes the jurisdiction of the Providence Family Court to determine custody and visitation of children. § 8-10-3. Establishment of court – Jurisdiction – Seal – Oaths.

What RI custody law pertains to visitation in RI Family Court?

RI law 15-5-6(d) states “d)(1) In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children, except upon the showing of cause why the right should not be granted or as provided in subdivision 15-5-16(d)(4). The court shall mandate compliance with its order by both the custodial parent and the children. In the event of noncompliance, the noncustodial parent may file a motion for contempt in family court. Upon a finding by the court that its order for visitation has not been complied with, the court shall exercise its discretion in providing a remedy, and define the noncustodial parent’s visitation in detail. However, if a second finding of noncompliance by the court is made, the court shall consider this to be grounds for a change of custody to the noncustodial parent.”

Child custody lawyer in RI

If you are in need of aggressive legal representation in RI Family Court contact RI child custody lawyer , David Slepkow. Rhode Island child custody attorney, David Slepkow has a superb rating with avvo, dozens of 5 star reviews and 27 years of experience in Providence Family Court.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any RI child custody attorney or Providence child custody lawyer as an expert or specialist in any field of practice.

Win your Custody Case by Not Acting as a Moron!

May 23, 2025 By David Slepkow

In my 27 years as a Rhode Island child custody lawyer, I have seen many fathers and mothers make inane and stupid decisions during the course of child custody proceedings. Sometimes winning your child custody case is about the mistakes that you avoid rather than what you do right.

The stupid and boorish behavior set forth below may impede or ruin your chances of getting custody in Rhode Island Family Court. All of the actions set forth below are actual behavior that I have seen in Providence Family Court.

Winning your custody case by not making dumb mistakes

Read this family law article carefully! I am almost afraid to tell people not to engage in the behavior and antics set forth below for fear of being accused of being condescending or patronizing to my clients. It is really just common senses. Ironically, many of the mistakes that mothers and fathers make are mistakes made in an attempt to get an unfair advantage.

Do not post inappropriate content on Facebook, X (Twitter), Instagram, social networks or online which show that you are an unfit parent, use drugs or alcohol or otherwise not acting in the best interest of your child. Remember, the other parent is often trolling around your Facebook page looking for any angle to help him or her prevail in the custody feud. A seemingly innocuous “Facebook friend” may actually be feeding information to the other parent.
Do not Post online- Negative or disparaging remarks or comments about the other parent, the judge, the psychiatrist, the psychologist, or anyone involved in the custody proceeding, the other Rhode Island divorce lawyer or the other parties’ family.
Do not Blog about your case. You should fight your case in court not on your blog. These blogs infuriate judges especially when there is a chance that the children may view the blog.
Do not buy an expensive item, cars or take a trip when you are claiming you can’t afford child support or you face a child support contempt motion. The other lawyer will use this to prove that your contempt is willful and ask that you be incarcerated.
Do not wear a 500 dollar watch to your Rhode Island child support contempt hearing. If you can’t afford your child support you should not be buying expensive items while you are claiming you are broke. Certainly, if you owe child support you should not be wearing expensive items in court.
Do not make dumb arguments in Rhode Island Family Court. Please see Rhode Island Child Custody attorney, David Slepkow’s article concerning making stupid arguments in RI family Court. These arguments destroy your credibility, waste valuable Court resources and usually irk the judge.
Do not coach your child to take your side. This usually backfires because most children are incapable of lying. The first thing that the custody evaluator, guardian ad litem or investigator does is ask the child who they talked to about the case. Your child is not your friend or your confidante regarding the Rhode Island divorce proceedings or the child custody case. Coaching children can be emotionally harmful and confusing to your child.
Do not send the other parent inappropriate or threatening text messages, emails, or voice messages that invariably will be shown to the judge. These stupid text messages are absurd and are an easy way to lose you RI Child Custody case. You want the judge to perceive you as the better parent and the reasonable person and these emails do not help your case!
Do not send drug or alcohol induced text messages
Do not make negative comments or remarks about the other parent in the presence of your child. This is the most frequent mistake that parents make in child custody cases. These comments can be very harmful to your child. They also show the judge that you don’t care about your child’s emotional well- being.
Do not make threats, or act inappropriately on the phone to the other parent. Assume that everything you say is being taped because many parents tape the other parent.
Do not Use Illegal drugs. At any time during the Rhode Island Child Custody Case you are subject to being drug tested. A positive drug test may destroy your chances to prevail in your custody case and may lead to supervised visitation.
Do not go out binge drinking the night before your evaluation by the custody evaluator. One client actually did this.
Do not get involved in personal feuds, make accusations or act rudely towards the people who influence decisions in your case. You want these people to respect you and empathize with you on a personal level. Trashing the people who are influential in deciding your case is a really bad idea. This specifically includes psychiatrists, psychologists and the person who supervises your visits. In one case, a woman and her husband slammed down their fist, became enraged and started shouting at the psychologist.
Do not write inappropriate letters to your child about the custody case. People actually do this. I can’t make this stuff up.
Do not deny court ordered visitation or fail to pay child support per Court orders. This just makes you look bad and can change the focus of the Rhode Island Child Custody case. If you are not satisfied with visitation than you need to file a motion to modify the visitation.
Do not write a letter to the judge or call the judge. Yes some of my clients have done this before. Your child custody lawyer will advocate your position to the judge. It is inappropriate to write a letter to the judge.
Do not show up to court over-dosed on prescription medications.
Do not fail to show up for the other parents supervised visit without a good excuse and without calling Family Services and the other parent. (Unless there is a restraining order)
Do not introduce the child or get the child involved with a new boyfriend or girlfriend especially one who has a criminal history or prior dcyf history.
Do not have overnight visitors of the opposite sex while the children are home. The custody case is complicated enough and there is no need to get other people involved in the case.
Do not buy the child a huge gift the day before or the day of his interview with the judge. This looks like bribery to a judge. However, gamesmanship is a good idea. There is nothing wrong with a day at the amusement park the day before the meeting with the judge. Gamesmanship is ok. Bribery is not ok.
Do not leave the state without informing the other parent of where you are going and when you will be returning. You must also provide contact Information.
Do not have unnecessary heated confrontations with the other parent. Walk away from these bad situations and tell your lawyer. These confrontations often lead to a restraining order.
Do not hide property from your spouse. This is illegal and will have consequences when your spouse finds out about it.
Do not gift away property without the other spouses consent in writing.

Even if the confrontation is not physical and relatively harmless, the other parent may blow it out of proportion and use it to get an unfair advantage by pursuing a restraining order or instituting criminal charges. Allegations of domestic violence could destroy your chances of getting physical placement or joint custody of your Child. Sometimes these confrontations lead to criminal charges. You do not want to be hiring a Providence criminal lawyer.

Important Rhode Island Family Law tip:

Many people use the term “full custody.” This is not a legal term. Legal custody pertains to decision making and access to records and is either Joint Custody to both parents or Sole Custody to one parent. Physical custody is where the child resides on a day to day basis and the other parent has visitation rights. There is also shared physical placement.

David Slepkow is a Rhode Island divorce Attorney concentrating in divorce law, family law, restraining orders, DCYF, adoptions, paternity, post divorce, relocation, child support, custody and visitation. David Slepkow has been practicing Law Since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial consultations. Credit cards accepted. Evening appointments available. You can contact attorney David Slepkow by calling him.

Can a Child Have a Lawyer in a RI Divorce or Custody Case? Role of GAL

May 23, 2025 By David Slepkow

In Rhode Island Family Court, judges rarely appoint a lawyer to represent a child. There is no tradition or culture of lawyers representing children in Rhode Island Family Court. The Vast Majority of attorney appointments are for guardian ad litems for the minor children.

What is the difference between a lawyer for a child in Family Court and a guardian ad litem?

A lawyer for a child would represents the child’s legal interests. A guardian ad litem advocates for the best interest of the child. It is not a subtle distinction! It is actually an important distinction.

The Basics of a GAL representing the child’s best interest

Providence Family Court child custody lawyers — Rhode Island child custody attorney

In Rhode Island, a guardian ad litem is an individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of amily court case. The Guardian is not a lawyer for the minor child! Guardians are frequently used in contentious custody cases when the parties can afford the additional expense. The family court judge could make an appointment or the parties can agree to a guardian being appointed. If the parties cannot afford a guardian, the court can have Rhode Island Family Services do a home study and investigation for free. Typically both parents are responsible for half of the GAL fees.

Legal right to appoint a GAL

“It is well settled that the trial justice has the inherent power to appoint a guardian ad litem whenever it appears that there are interests of a minor to be protected. Zinni v. Zinni, 103 R.I. 417, 421, 238 A.2d 373, 376 (1968). Parrillo v. Parrillo, 495 A.2d 683, 686 (R.I. 1985)

“The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation.” § 15-5-16.2.

The Rhode Island Supreme Court gave wide discretion to the trial judge to appoint a Guardian ad Litem in child custody cases in family court. The GAL constitutes an officer of the Court. State V Demers, 576 A2d 1221 (R.I. 1990) The obligations of a GAL are provided in R.I.G.L 15-5–16.2 (c) (v)

“(i) In determining whether an appointment should be made, the court shall consider the extent to which a guardian ad litem may assist in providing information concerning the best interest of the child; the age of the child; the wishes of the parents, as well as their financial resources; the nature of the proceeding including the level of contentiousness, allegations of child abuse, or domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of interest between the child and parents or siblings;” Id.

What qualifications are necessary to be a guardian Ad litem in Rhode Island Family Court?

A Guardian Ad Litem is typically an attorney who has been certified by the Rhode Island Family Court. They are required to get certified by the Court after hours of training. They could possible also be a psychologist or psychiatrist. It is very expensive. Usually, both parties pay 1/2 of the expense. However, if one party has substantially more resources then the other party then that person may be ordered by the judge to pay up to 100 percent of the cost. If one-person’s conduct caused the need for the guardian ad litem or is at fault they could be ordered to pay up to 100 percent of the cost.

The expense of a guardian ad litem

A retainer usually averages between $3,000 to $5,000 depending upon the complexity of the case. This can be very difficult to afford in a divorce or custody case because both parties are paying their divorce lawyer. In complex cases involving lots of evidence, witnesses and complexities, a guardian may cost substantially more than $4000. They bill on an hourly basis ranging between $250 to $350 an hour.

The guardian aditem does not make the final custody, placement or visitation decision.

A guardian does not make the final decision as to which parent shall get physical placement or legal custody of the child. The judge makes the final decision regarding custody, visitation and physical placement / possession after hearing testimonnd reviewing evidence at trial or hearing. The guardian usually drafts a report to submit to the Court with his or her findings and recommendations. However, in many cases the GAL issues a verbal report to the court at a court hearing on the record.

What types of cases can guardians be appointed in?

A guardian ad Litem could be appointed in a dcyf case, divorce case, visitation case, custody case or other type of family court action

What role does a Guardian ad Litem for a child perform?

The Guardian interviews both parents and interviews other witnesses involved in the children’s life such as teachers, social workers, guidance counselors, psychologists, psychiatrists, grandparents, aunts etc. The guardian will have full access to medical records related to the child and perhaps the parents. He will have access to education, religious and other records related to the child. The amount of witnesses interviewed sometimes depends on whether the parties can afford additional work. The guardian ad litem typically interviews the minor children about their opinions and preferences concerning legal custody, placement and visitation. The older the child is the more weight the he or she will give to the children’s preferences regarding custody or visitation. The Guardian can recommend that other professionals get involved such as licensed clinical social workers, therapists, co-parenting counselors, parent child reunification therapists, psychiatrists and psychologists.

Can a parent challenge the Guardian’s recommendations?

Even though the judge makes the final decision regarding placement, legal custody and visitation, in reality, the guardian’s report usually decides the issues. The judge typically adopts the recommendations of the guardian ad litem. Both parties have the right to call the guardian as a witness and challenge the opinions and the basis of those opinions. However, judges typically get frustrated by anyone who challenges the recommendations. It is difficult to get a RI Family Court judge to not adopt the recommendation of the GAL.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

At what Age Can a Child Decide Which Parent to Live With in RI?

May 22, 2025 By David Slepkow

Is there a particular age when a child in Rhode Island can decide which parent the minor child wants to reside with, in a RI child custody, post divorce or divorce case? A Rhode Island child custody attorney discusses the important issue of when a child’s preference is important in a child custody case.

child-decide-parent — Can a child decide which parent to live with?

Child preference in RI child custody

Can children choose which parent they want to live?
When can a child choose which parent to live with in Rhode Island?
At what age can a child decide which parent to live with?

Can a child in Rhode Island decide where they want to live?

The legal standard for child custody determinations is the best interest of the child.
The court can consider, “The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.”
The older a child is the more influence the child will have in the determination.

There is no set age under Rhode Island family laws when a minor child can decide to live with their mother or father in a Rhode Island child custody case. In fact, theoretically, the child is not allowed to make that decision.

Older children have a very significant impact on child custody determinations by a Providence RI Family Court Judge or General Magistrate. In the seminal child custody case of Pettinato v. Pettinato, the Rhode Island Supreme Court lists the ‘preference of the child’ as an important factor that the family court should consider in making a child custody determination. “The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.” 82 A.2d 909 (1990) Gregory J. PETTINATO v. Susanne L. PETTINATO

An older child’s wishes are often respected and followed by a family court justice. In making a child custody determination, the Providence Family Court Judge or Magistrate decides the case based on the “best interest of the child.”

Preference of child only one factor in physical placement determination

The preference of the child is only one of the factors that a Providence Family Court Judge may consider in determining the best interest of the child. The Factors a Family Court Judge should use in making a “best interest of the child” determination are set forth in the seminal Rhode Island case of Pettinato v Pettinato, 589 A.2d 909 (R.I. 1990) Please see below for all factors that the Rhode Island Family Court utilizes to determine Child Custody. see Child Custody Law in RI

(If you are in need of a child custody attorney in Rhode Island, contact East Providence child custody lawyer, David Slepkow.)

Older children have greater input into where they will live

If an older child such as a 15, 16 or 17 year-old has a preference and that opinion is expressed to the Judge, court investigator or duardian ad litem than the judge will usually respect the child’s desire. Of course, there may be countervailing factors which may convince the judge not to respect an older child’s parental preference.

These countervailing factors may include:

Drug and alcohol abuse by the minor child
Mental health problems of the child
Lack of a good relationship with the parent the child wants to live with
Poor judgment or decision making of the child
The stability of the child’s home environment and potential instability of the other parent
Lack of maturity or judgment of the child
How the child is adjusted to his or her home, school or community.

Exceptions to older children’s influence

There are some exceptions in Newport Family Court or RI Family Court to an older child’s decision being the decisive factor. In some cases, despite the child’s advanced age, the child does not know what is in his or her best interest. In some cases the child abuses drugs and alcohol, does poorly in school, misbehaves, has a criminal record or has mental health issues.

Also if the child does not have a good reason for his decision then the judge can deny the child’s request. If the other parent is not a fit and proper person to have placement of the child, then the Judge can deny the request. The judge can deny a child’s request if the parent the child would like to reside with has a drug or alcohol problem, severe mental health condition or a serious criminal record. In some cases, RI Family Court Judges are hesitant to change placement if the child is very immature for her age and has behavioral issues and the child is merely rebelling against the imposition of rules and structure.

Do children have influence over visitation terms in Rhode Island

Children also may be given influence in Child Visitation cases in RI. Children may play a role in the determination of whether visitation should be overnight and the schedule and frequency of the visits. Children may play a role in whether visitation should be supervised or unsupervised and the length of duration of visitation. Children also may be given influence when the parent with physical custody files a motion to relocate out of state.

Practical Tip: If you are aware that your children support your position regarding visitation, custody, placement or relocation out of state then have your children interviewed by the Judge, RI Family Services or a Guardian ad Litem.

Can younger children decide where they want to live?

Children ages 11, 12, 13 & 14 may also be given significant influence over Rhode Island Child Custody, Visitation and Relocation cases.

Do all judges deal with children in the same manner?

Judges in Rhode Island Family Court have different philosophies on how they deal with children. Some judges will not interview children. They will have the Guardian ad litem interview the children. The Guardian ad Litem then will issue a report to the RI Family Court Judge or Magistrate handling the matter.

In Rhode Island (RI), A guardian ad litem is an individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. Guardians are frequently used in in contentious custody cases when the parties can afford the additional expense. The judge could make an appointment or the parties can agree to a guardian being appointed.

Guardians do not make final decision

A guardian does not make the final decision as to which parent shall get physical placement or legal custody of the child. The judge makes the final decision regarding custody, visitation and physical placement / possession after hearing testimony at trial or hearing. The guardian drafts a report to submit to the Court with his or her findings and recommendations. see The Role of the Guardian Ad Litem in Family Court in Rhode Island

Judge Interviews of children in chambers

There are some family law judges who will bring the child into chambers for an interview. The Judge will usually bring the court reporter to transcribe the proceedings. Some judges will allow the RI divorce attorneys or Rhode Island child custody lawyers to question the child in chambers in front of the judge.

RI Family Court Practical Tip:

Don’t coach your children. This is unfair to the child and puts unnecessary stress and pressure on the child. Also, the Child will usually tell the Judge or Family services about the coaching. If the Judge believes that you have engaged in coaching, then there may be severe sanctions. The Sanctions may include the judge denying your request for placement, sole custody or relocation.

A child’s preference is not decisive, it may be given weight

The older a child is, the more weight / influence the judge will give to the child’s preferences regarding custody, placement, visitation and relocation out of state. Younger children usually have a greater influence on proving facts rather than making decisions. The child may tell the investigator or Judge that their parent abuses them or if they are afraid of their parent. The child may tell the investigator that the parent makes negative or disparaging comments about a parent in front of the child. The child may make allegations regarding parental alienation.

Children typically do not get to make the decision concerning legal custody. Legal custody pertains to who gets to make decisions concerning religion, education, social development, activities and medical decisions. Legal Custody will either be Sole Custody to one parent or Joint Custody to both parents. Children have no real influence on child support cases .Child Custody matters involving preference of the child may play a role in:

divorce,
paternity,
miscellaneous petitions for custody,
DCYF,
motions to modify Custody or placement and
visitation disputes.

RI Child Custody Factors:

“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).”

Can the Court take into account a parent on public assistance as a factor in determining custody?

“In regulating the custody and determining the best interests of children, the fact that a parent is receiving public assistance shall not be a factor in awarding custody.” 15-5-16.1

“Consequently the rendering of assistance to parents with dependent children is ordained by the public policy of the United States and furthered by the public policy of the State of Rhode Island. Neither the policy of the federal government nor that of the State of Rhode Island would authorize or encourage in any way the penalizing of an otherwise proper parent merely because she is receiving assistance from the AFDC program. We are constrained to hold that the determination by the general master that receipt of such assistance would authorize a change of custody on public-policy grounds constitutes a fundamental error of law.” Sammataro v. Sammataro, 620 A.2d 1253 (1993)

What is the standard of review of a RI child custody determination?

“Our review of this issue is limited to considering whether the general master abused his discretion in granting sole custody of Stephanie to plaintiff. Pettinato v. Pettinato, 582 A.2d 909, 914 (R.I. 1990)” Mattera v. Mattera, 669 A.2d 538 (1996)

Rhode Island divorce attorney, David Slepkow represents clients in the following types of RI family law matters: child support, visitation, paternity and child custody. David has dozens of 5 star reviews. David is rated a “superb” RI lawyer by AVVO and was voted a top 3 attorney in Rhode Island by the Providence Journal’s readers.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers / attorneys in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.