Custody

If the other parent is not following the custody order, you can file a motion for contempt in family court. This means you’re asking the judge to take action because the other parent is not obeying the order. If the judge agrees that the order isn’t being followed, s/he can:

• punish the other parent;
• make sure the current order is followed; and
• issue a new order to make up for the violation, like giving a parent extra time with the child to make up for missed time.

If the parent who has primary custody (the custodial parent) refuses to let the other parent have visits two or more times, this could be a reason to take custody away from the custodial parent.¹ However, if a parent couldn’t follow the order because s/he was serving in the military or deployed out of state, that alone is not 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 time, the judge usually won’t force him/her to use it. The reason behind this is that forcing a parent to spend time with the child if s/he doesn’t want to might not be in the child’s best interest. However, if the non-custodial parent keeps missing visits when you have joint physical custody, this might be a reason to ask for the order to be changed to sole physical custody. It’s a good idea to talk to a lawyer to help you figure out the best next steps. You can go to our Rhode Island Finding a Lawyer page to find lawyers in your area.

¹ R.I. Gen. Laws § 15-5-16(d)(1)
² R.I. Gen. Laws § 15-5-16(g)(7)