Child Custody Lawyer Rhode Island
Any divorce is stressful, but when there are children involved there are even more key issues that must be resolved before the divorce can be finalized, and these steps can be some of the most emotionally-taxing of the entire divorce. Luckily, The Law Office Brett V. Beaubien is available to help you through this process, as well as your entire divorce, to ensure that you and your ex-spouse can reach an agreement that works for both of you—and most importantly, works for your children. Trying to reach an agreement where everyone gets what they want may not be feasible, but reaching an agreement where everyone feels like they are compromising can be the best possible outcome in this situation.
When the courts work to determine how they will structure child custody (or when you are working directly and collaboratively with the other parent), the most important factor that must be considered is the welfare of the children of the divorce. Even in a collaborative, no-fault divorce, the courts will refuse to finalize a divorce where the children’s best interests are not the most important factor of each decision. We will work to ensure that this is a central focus during our work so that your children have access to a safe and productive lifestyle at the end of this process.
Read more below to get a better idea of how child custody in Rhode Island works, and contact us now to request an initial consultation. We will be happy to discuss your situation in great detail during our consultation so that we can both have a better understanding of what our work together may look like, and how we can best work together to support you throughout this entire process.
What Is Child Custody in Rhode Island?
In Rhode Island, as with many other states, custody is divided into two specific kinds, each of which are determined separately from each other in order to provide a safe and productive structure for the child to live in.
Sole custody means that only one parent or guardian has full custody of the child, and the other parent has no legal recourse or right to either make decisions about or live with the child, depending on the type of sole custody that is granted.
Joint custody is when each parent or guardian shares custody, although not necessarily in a 50/50 split. As with sole custody, joint custody can be applied to both legal and physical custody, and each decision is separate.
Legal custody refers to a parent or guardian’s right to make legal decisions relating to the child, such as their healthcare, education, and other important aspects of their life. Legal custody can be granted as sole legal custody or joint legal custody. Unless it is shown that one parent is unfit to have a say in the legal decisions about their child, the courts prefer to issue joint legal custody for a child during a divorce.
Physical custody refers to where the child physically resides and is possible to be granted as either sole physical custody or joint physical custody. As with all aspects of your divorce, the most important factor in this determination is the welfare of the child. Courts prefer to grant joint physical custody, but as with legal custody will defer to sole custody if one parent is unfit to provide the child with the care that they need and deserve.
Obtaining or Modifying Custody in Rhode Island
If you are going through a divorce and need help making your case for custody, or if you are trying to restructure an existing custody agreement, then working with an experienced family law attorney is one of the most important steps that you can take in this process. We will set out the relevant information in order to determine the best path forward so that you and your children are able to get the best quality of life together, and so that you can remain in your child’s life after your divorce is finalized.
In some cases, a parent may lose custody in consideration of the welfare of the child. If the parent makes significant and lasting rehabilitative changes and believes that they are able to be a positive figure in the child’s life as a result, then it is possible to ask the courts to reassess the situation and make adjustments to the existing agreement. This adjustment depends on a variety of factors, and we will need to take a close look at the situation in order to determine the best approach.
In other instances, you may be worried about your child’s welfare in the custody of their other parent, at which point you may need to request that an existing joint custody agreement be revised to grant you sole custody. Again, this is a complex, high-stakes process that is intended to provide your child with safety and support, so it is important that we approach this process with care.
Hire a Divorce Lawyer For Your Custody Case Today
The Law Office Brett V. Beaubien is available to provide you with legal support for every aspect of divorce, including your child custody needs. Whether you need an attorney to help you negotiate your initial custody agreement, or if you need to approach the courts to restructure your existing agreement, we are here to help. Request an initial consultation now, and we will be able to take a closer look at your situation together as we determine our best path forward as a team.