Monday, May 19, 2014

Child Custody In Rhode Island

 Going through a divorce is stressful enough, but add children to the situation and things can become very messy. If two parents can not reach an agreement about child custody, it is typical practice to determine the best situation for the child. When an agreement is reached and not complied with, the noncustodial parent may file a motion of contempt.
  Rhode Island determines the amount of child support based on an Income Shares Model, which takes into consideration the quality of life the child would have had had the marriage not dissolved. If this requires both parents to pay a certain amount, then that is what the court orders. The court takes into account the health of the child and educational needs when determining the amount of financial support.
 Here are the different types of custody:

  1. Legal custody: When one parent or guardian has control over any decision regarding the child. Most states will grant joint legal custody so that both parents can reach major decisions together.
  2. Sole custody: This is when one parent is found unfit, which is pretty rare in custody cases. This can also occur when one parent is deceased.
  3. Joint custody: When both parents share custody and share equal decision making involving the child's life. This is the most ideal scenario for most cases.
  4. Physical custody: When one parent has the child living with them, and the other parent only gets visitation. 
Custody is never an easy battle; and it is important that the child's best interests are taken into consideration when working out a plan. Hiring an experienced family law lawyer makes all the difference, so do your research before starting the process.  

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