Rhode IslandChild Visitation Laws
Rhode Island Child Custody Guide :: Table of Contents
What is child visitation?In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in Rhode Island assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in Rhode Island, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in Rhode Island strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about Rhode Island's visitation guildelines on this page.
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The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
What is considered in a child's "best interests" is not outlined in specific factors. However case law states that the child's well being, his or her wishes and factors related to the parents' ability to cooperate are relevant.
Grandparent may be granted visitation with a grandchild if there is an existing relationship between the grandparent and grandchild and it is in the best interest of the child.
In the state of Rhode Island, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Rhode Island's positions regarding non-parental visitation rights.
Visitation Rights Of Grandparents In Rhode Island:
Rhode Island has special statutes regarding the child visitiation rights of grandparents under different circumstances. State law does not provide for general visitation rights of grandparents, but visitation rights may be presumed under certain parental situations.
Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a Rhode Island court may allow or prevent visitation rights in any situation based on the best interests of the child.
Visitation Rights Of Other Parties In Rhode Island:
Are step-parents granted visitation rights in the state of Rhode Island?
Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.
The state of Rhode Island does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
Can other interested parties or relatives be granted visitation rights to a child in Rhode Island?
Under state of Rhode Island law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child'a parents, previous caregivers, etc.
Can parents be granted visitation rights after termination of parental rights or adoption in Rhode Island?
In the state of Rhode Island it may not be possible to be granted visitation rights after losing parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.