Custody

When deciding about custody, the judge must consider evidence of past or present domestic violence. Rhode Island law says domestic violence happens when your child’s other parent does any of the following to you:

• hurts or tries to hurt you physically;
• makes you afraid you will be seriously physically hurt in the immediate (imminent) future; or
• makes you have sexual relations by force, threat of force, or duress.¹

However, even if a parent has been abusive, the judge may still grant him/her custody or visitation rights. If the judge allows visits, s/he must do so in a way that protects the child and you from further harm.² As a condition for giving the abuser custody or visitation, the judge may order that the abuser:

• successfully complete a batterer’s intervention program;
• participate in a substance abuse program;
• post money or title to property (a bond) with the court to ensure the safety and return of the child;
• not be given the child’s address and telephone number; 
• exchange the child in a protected setting;
• have supervised visitation;
• not use or have alcohol or drugs during visits; and
• follow any other condition that the judge thinks is necessary to keep the child, you, or other household members safe.³

¹ RI Gen. Laws § 15-5-16(g)(1), (g)(4)
² RI Gen. Laws § 15-5-16(g)(1)
³ RI Gen. Laws § 15-5-16(g)(3)