Stable Home Environment, Consistency and the Primary Caretaker in RI

Child custody and visitation disputes in Rhode Island often result in heated debates. The court is given the task to determine a custody and visitation schedule that serves the best interests of the child. This broad standard encompasses a variety of factors that courts must consider. Some factors may have greater bearing over others. However, courts are required to weigh and consider all relevant information. If you are in need of a RI child custody lawyer, contact Rhode Island child custody attorney, David Slepkow. Following are five of the factors that are often given great weight. Child Custody in Rhode Island.

1. Primary caretaker

In many cases, one parent has been the primary caretaker of the child. This parent will likely argue that because they have been the primary caretaker, they should be given more custodial time. In these cases, the primary caretaker may be more familiar with the child’s routine and the child has become accustomed to this relationship.

2. Stable home environment and child custody in Rhode Island

Sometimes, a parent cannot provide a stable home environment for a child. This may be a result of a busy schedule, lack of parenting skills, cleanliness issues, substance abuse, psychological issues, and many other factors. Courts typically prefer to see a home that has structure and organization.

3. Consistency and Child Custody in Rhode Island

Many children in Rhode Island benefit from a consistent schedule. This includes having a daily routine and daily expectations. In some cases, one parent is better at ensuring consistency than another. Courts will often look to see which parent will provide the necessary consistency to help the child grow and avoid confusion.

4. Character and criminal history and Child Custody 

In child custody disputes, a parent’s character and criminal history are generally fair game. If a parent has a significant criminal history, it may weigh against them having substantial custody. Further, if the parent has a tendency to exhibit unfavorable character traits, examples of that behavior may prove to be detrimental.

5. Child’s preference and Child Custody

The wishes of the child may be considered and argued in a custody dispute. The weight that is given to the child’s wishes depends on the age and maturity of the child. Also, the motivation behind the preference may prove to be relevant. A child’s preference may be given tremendous weight in cases with older, teenage children. Those who are fighting over custody should contact a Rhode Island custody attorney. An experienced  RI Family Court lawyer can help you argue your case and advocate to the court why your position serves the best interests of the child. Contact RI child custody lawyer, David Slepkow for legal representation in Providence Family Court.

The Connecticut perspective:

““We have consistently held in matters involving child custody that while the rights, wishes and desires of the parents must be considered it is nevertheless the ultimate welfare of the child which must control the decision of the court.” In re Appeal of Kindis, 162 Conn. 239, 242, 294 A.2d 316 (1972).  “It is statutorily incumbent upon a court entering orders concerning custody or visitation or a modification of such order to be guided by the best interests of the child.” Wilson v. Wilson, 38 Conn. App. 263, 269, 661 A.2d 621 (1995).  “The guiding principle in determining custody is the best interest of the child.” Schult v. Schult, 241 Conn. 767, 777, 699 A.2d 134 Best Interest of the Child Standard in Connecticut, A Guide to Resources in the Law Library  (1997).” http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/bestinterest.pdf 

“Most custodial parents had one child (57.2 percent). • Over one-quarter (28.3 percent) of all custodial parents had incomes below poverty. • About half (50.6 percent) of all custodial parents had either legal or informal child support agreements. • Custodial parents receiving the full amount of child support due declined between 2007 and 2009, from 46.8 percent to 41.2 percent. • Of the $35.1 billion in child support due in 2009, 61.0 percent was reported as received, averaging $3,630 per custodial parent who was due support.” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income https://www.census.gov/prod/2011pubs/p60-240.pdf