Understanding the Standard of Best Interests

If parents cannot come to a custody agreement, Rhode Island courts consider many factors before making a decision. Each factor speaks to the best interests of the child. In addition to making sure a child has access to basic needs such food, shelter, and healthcare, courts also consider:

Emotional ties.

The courts want to ensure that a child can maintain healthy relationships with siblings, aunts, uncles, grandparents, and other mentors.

Parental abilities and resources.

If one parent makes more money, has better health insurance, or lives in a safer neighborhood with better schools, this might factor into the court’s decision.

The child’s needs.

The court considers if the child has special needs, either physical or mental, and one parent can better meet those needs.

Parental health and safety.

If one parent has a physical or mental illness, or a history of violence, that may affect his ability to safely and fully care for the child, the courts will take this into consideration.

The child’s wishes.

Rhode Island is one of eleven states in the U.S. that takes a child’s wishes into account. Considering the age of the child, the courts want to know the child’s perspective on which parent would be a better choice for physical or legal custody.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.


Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.