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EspañolIf the other parent doesn’t follow the custody order, what can I do?
If the other parent is not following the custody order, you may file a motion for contempt in family court. If the judge finds that the order is not being followed, s/he can punish the other parent and provide a remedy to address the violation.
If the judge finds that the custodial parent has refused to provide visitation on two or more occasions, then this could be considered a reason to take custody away from the custodial parent.1 Note: If the parent is absent or didn’t follow the custody order because s/he was activated to military service or deployment out of state then that, by itself, won’t be enough to change the custody or visitation order.2
If you are the custodial parent and the non-custodial parent is not using his/her visitation, courts generally will not force the non-custodial parent to use visitation time. The rationale is they don’t want to force a parent to spend time with a child if s/he doesn’t want to because that wouldn’t be in the best interest of the child. Continual failure to use visitation time when there is joint physical custody can possibly be a legal reason to request that the custody order be changed to sole physical custody. This is something that you could consider after talking to a lawyer.
1 RI Gen. Laws § 15-5-16(d)(1)
2 RI Gen. Laws § 15-5-16(g)(7)
If a custody order is already in place, how can I get it changed?
Generally, when there’s a final custody order, you can only petition the judge to make changes to it if there has been a significant change in circumstances since the custody order was issued. The judge may change (modify) the custody order if, based on these new circumstances, s/he feels that the modification would be in the child’s best interests.
Rhode Island law says that a domestic violence incident that happened after the order was issued is enough for the judge to determine that there was a change in circumstances.1
1 RI Gen. Laws § 15-5-16(g)(5)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
Is there anything I can do if my abusive partner continually files court proceedings against me?
Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone who the court has already determined committed abuse, stalking, or sexual assault against you, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.
