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Legal Information: Rhode Island

Custody

Updated: 
November 30, 2023

Can I file for child custody in Rhode Island?

You can file for custody in Rhode Island if one of the following is true:

  1. This is where your child has lived for at least six months in a row, which makes it his/her “home state;”1
  2. Your child is not currently in Rhode Island but this is where you child lived within six months of starting the custody case and one of the parents or person acting as a parent still lives in this state;
  3. Another state that has power (jurisdiction) has decided not to exercise it because they believe Rhode Island is the more appropriate forum; and
    1. your child and at least one of the parents has a significant connection with this state; and
    2. there is substantial evidence in the state concerning your child’s care, protection, training and personal relationships; or
  4. No other court has the power to make a decision about your child.2

1 RI Gen. Laws § 15-14.1-2(7)
2 RI Gen. Laws § 15-14.1-13