When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Rhode Island court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of Rhode Island.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

Under Rhode Island law, child custody is determined according to the best interests of the child. Reasonable visitation is typically granted to the non-custodial parent unless it would be harmful to the child. There are no factors for consideration set out by statute. There is no specific provision for joint custody in Rhode Island, and whether or not a parent is a recipient of public assistance is not a factor in determining custody. The fact that a parent is absent or relocates because of an act of domestic or family violence by the other parent will not weigh against the relocating or absent parent in determining child custody and visitation.

According to findlaw.com, while the best interest standard does vary from state to state, some common factors do exist in the best interest analysis that are used by the individual states; these factors include the following:

• Wishes of the child (if he or she is old enough to capably express a reasonable preference)
• Mental and physical health of the parents
• Religion and/or cultural considerations
• Need for the continuation of a stable home environment
• Support and opportunity for interaction with members of the extended family of either parent
• Interaction and interrelationship with other members of the household
• Child's adjustment to his or her school and community
• Age and sex of the child
• Parental use of excessive discipline or emotional abuse
• Evidence of parental drug, alcohol or, sex abuse

In Rhode Island, if the custodial parent does not comply with the visitation order, the non-custodial parent may file for a motion of contempt in family court. If the court finds noncompliance with a visitation order for a second time, the court will consider it to be a basis for a change of custody to the non-custodial parent. For a comprehensive review of child custody laws in Rhode Island, go to lawyers.com.