Custody

The judge must consider evidence of past or present domestic violence when making a decision. The law defines domestic violence as the occurrence of one or more of the following between people who have a child in common:

• attempt to cause or causing physical harm;
• placing the other parent in fear of immediate (imminent) serious physical harm; or
• causing the other parent to engage involuntarily in sexual relations by force, threat of force, or duress.¹

The judge could grant custody or visitation rights to an abusive parent, however. If the judge grants visitation rights, s/he has to do so in a way that protects the child and the abused parent from further harm.² As a condition for giving the abuser custody or visitation rights, the judge may order:

1. the abuser to successfully complete a batterer’s intervention program;
2. the abuser to participate in a substance abuse program;
3. the abuser to post money or title to property (a bond) with the court to ensure the safety and return of the child;
4. that the address and telephone number of the child be kept confidential; 
5. that the exchange of the child happens in a protected setting;
6. supervised visitation;
7. the abuser to not have or use alcohol or drugs during visitation; and
8. any other condition that s/he thinks is necessary to keep the child, the abused parent, 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)