Child custody orders in Rhode Island can be modified, but only under specific conditions. Understanding when and how to request a change is important for parents navigating this process.
Below are some important factors to keep in mind.
When the court might approve a modification
The court may agree to modify a custody order if there has been a substantial change in circumstances. Examples include:
- A parent relocating
- Changes in the child’s needs
- Evidence of abuse or neglect
- A parent’s inability to follow the current schedule
The court will also consider whether the proposed change serves the best interests of the child. This includes looking at the child’s relationship with each parent, the stability of each home and the child’s adjustment to their current environment.
When the court will not approve a modification
The court will not modify a custody order just because one parent disagrees with it. There must be a significant change in circumstances that affects the child’s well-being. Minor disagreements or personal preferences are not enough to justify a change.
Can parents change the order on their own?
Parents cannot unilaterally change a custody order. Even if both parents agree to a new arrangement, they must submit the agreement to the court for it to be approved. Without court approval, the original order remains legally binding.
Consequences of breaching a custody order
If a parent violates a custody arrangement, the other parent can file a motion to enforce the order. The court may hold the violating parent in contempt, which can result in fines and other penalties. In serious cases, the court may also change the custody arrangement to protect the child’s best interests.
Modifying a custody order in Rhode Island requires showing a real change in circumstances and proving that the modification is best for the child. Parents should seek legal guidance to help them through the process.
