Emergency Custody in RI – What Parents Need to Know
When you and your ex-partner finalize your divorce or separation, you or the court will decide who gets custody and when. But what happens if you believe that your children are in danger? In order to look after your children’s best interests, it’s possible to file for emergency temporary custody in Rhode Island at any point during the divorce proceedings, after a divorce has already been finalized, or after the court has made a determination on Rhode Island child custody order in cases where parties are not married.
Keep reading to learn about child custody laws in RI, and how to file for emergency custody.
Rhode Island General Law - Child custody
Before we talk about emergency custody, let’s go over some of the basic facts about Rhode Island child custody laws.
Rhode Island recognizes two basic kinds of child custody – physical custody and legal custody. Physical custody is also called “physical placement.”
Physical custody/Physical placement refers to the parent that the child lives with. A parent who possesses physical custody is responsible for meeting a child’s essential needs, like food, shelter, and clothing.
Legal Custody gives a parent the right to make decisions on the child’s behalf – such as where they’ll go to school, and what doctor they’ll see if they’re injured or sick.
The parent who holds primary physical and legal custody over the child is called the “custodial parent”, while the other parent is known as the “non-custodial parent”. The non-custodial parent typically shares legal custody with the custodial parent and has a visitation schedule called “parenting time” or the non-custodial parent might share legal custody and physical placement through a joint custody arrangement.
Divorcing or separating parents can decide how they’d like to share custody and placement of their children during negotiations after filing for divorce and at any time for unwed parents. The RI family court will usually agree to any custody arrangement through a “consent order” that both parents agree on, so long as it’s in the child’s best interest.
Once a Rhode Island custody arrangement is finalized, the only way it can be changed is through a modification through the court system. Failing to comply with a custody arrangement can leave you in contempt and place you at risk of fines or penalties.
But what happens if you believe that your child might be in danger with your ex-spouse or ex-partner? What if you believe that they’re at risk of serious injury, emotional abuse, or even parental kidnapping? Thankfully, Rhode Island allows for an emergency custody order to protect minor children in these exact situations.
What is an emergency custody order?
Emergency custody, sometimes called temporary custody, is a special court order that allows one parent to take control of custody during a temporary period of time.
Emergency custody can be awarded to either a custodial parent or a non-custodial parent under certain circumstances. In some cases, such as child abandonment, police officers or designated court personnel can take a child into emergency custody.
Common reasons for emergency custody in Rhode Island
Domestic violence is one of the most common reasons to seek emergency custody, but that’s not the only reason why a parent might seek a temporary custody arrangement. A child’s current living situation could pose a risk to their well-being or health, or they might have been abandoned by the other parent.
To obtain emergency custody, you’ll need to provide evidence that your child would be in immediate danger under your current custody arrangement. Evidence that the RI family court might accept could include:
● Police reports
● Social worker reports
● Court records
● Photos, videos, or text messages
● Sworn Affidavits from yourself or witnesses
Parental kidnapping laws in Rhode Island
What if you’re worried that your child’s other parent might try to move them out of state without modifying your custody arrangement?
Rhode Island follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA a parent with joint custody can’t move a child out of their home state without seeking permission from the court or obtaining a custody modification through a consent order. Attempting to permanently leave the home state without written permission or a court order can result in a parental kidnapping charge.
How to get emergency custody
While it’s possible to file for emergency custody by yourself, it’s typically best to contact a Rhode Island child custody lawyer first. A lawyer can advise you as to whether or not you’d be likely to obtain emergency custody, and help represent you throughout the legal process.
Rhode Island emergency custody is usually awarded by a judge in a special hearing where both parties will have an opportunity to state their case to the judge.
Rhode Island sometimes allows for ex-parte hearings in cases of emergency situations. “Ex-parte” is a legal term that simply means the other parent won’t be present in the courtroom. Ex-parte hearings are rare, and normally only available for emergency situations.
In the case that emergency custody was granted via an “ex-parte” hearing, the court will generally hold another hearing within 30 days, where the other parent or their representative can make their case in court. At the hearing, the court can either modify the temporary custody order, keep the order in place for further hearings and findings, or remove it altogether.
Modifying custody in Rhode island
If you’re unable to obtain emergency custody but still want to modify your current custody arrangement, your best way to do so is through a custody modification through the Rhode Island Family Court.
You can ask the court to reconsider the terms of your pre-existing custody agreement and explain why it’s in your child’s best interest to alter the arrangement.
The court will consider numerous factors, including:
● Potential domestic violence in the child’s home
● Whether the child would be in danger under their current circumstances
● The child’s wishes, provided that they’re old enough to express an opinion
● The actual current practices for daily and overnight visitation not consistent with the current orders
Remember that the burden of proof is on you – you’ll need to make your case as to why it would be in your child’s best interest to modify your existing custody arrangement. To give yourself the best chance at success, contact a lawyer to help you file your case.
Who should I contact if I need emergency custody in Rhode Island?
If you need help with custody or emergency custody in Rhode Island, contact attorney Bryan Nappa.
As an experienced Rhode Island attorney, Bryan Nappa can help parents file for emergency custody, petition the court to modify child custody arrangements, and offer in-depth advice that looks out for your family’s best interest. Attorney Nappa also has access to an experienced network of expert family lawyers in Rhode Island, who can offer their advice and guiding opinions on the best course of action.
Contact his office today to learn more.