Child Custody Agreement - Rhode Island

RHODE ISLAND PROPOSED CUSTODY AND PARENTING PLAN

1. Court and Order Profile

R.I. Gen. Laws § 8-10-3(a) gives the Family Court jurisdiction over custody and visitation matters described in that section. This document is a proposed stipulation and parenting plan for submission in an appropriate case. The court retains responsibility for the child's best interests and any required safety findings.

2. Parents and Children

3. Proposed Custody and Placement

3.1 Legal Decision-Making

☐ The parents propose joint decision-making for education, non-emergency healthcare, and other major welfare decisions.

☐ The parents propose that Parent [A/B] have final authority over: [________________________________].

☐ The parents propose sole legal custody to Parent [A/B], supported by the facts stated below.

Emergency care: The parent then responsible for the child may obtain reasonably necessary emergency care and shall notify the other parent as soon as safely practicable, subject to any protection order or confidentiality restriction.

3.2 Physical Placement

☐ Shared placement under the schedule below.

☐ Primary physical placement with Parent [A/B], with parenting time to the other parent under the schedule below.

☐ Supervised or otherwise restricted contact requested as stated in Section 4.

School and mailing address: [________________________________]

3.3 Best-Interest Record

Rhode Island custody decisions apply the best-interest factors stated in Pettinato v. Pettinato and repeatedly applied by the Rhode Island Supreme Court. The parents and counsel should identify the evidence relevant to each factor rather than merely checking a preferred outcome.

4. Safety and Domestic-Violence Gate

R.I. Gen. Laws § 15-5-16(g) requires the court to consider evidence of past or present domestic violence. When domestic violence is proven, safety and well-being are primary, and visitation must be arranged to protect the child and abused parent. Section 15-5-16(d) separately addresses abuse-related visitation restrictions and findings.

☐ No safety restriction is requested.

☐ Protected exchange location: [________________________________]

☐ Supervised parenting time by person / agency: [________________________________]

☐ Confidential address / phone information requested.

☐ No direct parent-to-parent contact; communications through: [________________________________]

☐ Substance-use condition requested: [________________________________]

☐ Other protective condition requested: [________________________________]

Existing protection orders, abuse findings, criminal matters, or safety evidence:

[____________________________________________________________]

Do not require mediation, direct consultation, shared transportation, or unrestricted electronic contact where a protection order or safety finding makes that term inappropriate.

5. Parenting-Time Schedule

5.1 Regular Schedule

5.2 Holidays, School Breaks, and Vacations

5.3 Exchanges and Transportation

5.4 Optional Childcare Offer

☐ If a parent needs non-school childcare for more than [____] consecutive hours, that parent will first offer the other parent the opportunity to care for the child, unless unsafe, impracticable, or inconsistent with a court order.

5.5 Missed Time and Changes

• Schedule changes require written confirmation by both parents unless an emergency or court order controls.
• Missed time does not automatically create contempt, forfeiture, or a custody change.
• Proposed make-up time: [________________________________].

6. Information and Decision Protocol

These information-sharing terms are subject to protection orders, confidentiality law, provider restrictions, and specific court findings.

7. Relocation Proposal and Court-Approval Gate

This template creates no automatic right to relocate a child and uses no fixed mileage, 90-day notice, or 30-day objection rule. The current official Rhode Island authorities reviewed for this template apply the child's best interests and the nonexclusive Dupré factors to relocation requests. A parent shall obtain any required Family Court order before changing the child's residence in a way that conflicts with an existing order or requires modification.

Proposed move: [________________________________]

Requested filing / hearing date: [__/__/____]

Proposed revised schedule, transportation, and cost allocation:

[____________________________________________________________]

8. Child Support, Insurance, and Expenses

Child support is established separately by court order. Under R.I. Gen. Laws § 15-5-16.2(a), the court uses the formula and guidelines adopted by Family Court administrative order, subject to findings supporting a different amount. This parenting plan does not calculate or privately waive support.

Section 15-5-16.2(d) addresses medical-support provisions when coverage is available through employment without cost or at a reasonable cost. Counsel must coordinate this section with the actual support order and current guideline worksheet.

9. Modification, Enforcement, and Dispute Resolution

9.1 Court-Order Control

An informal or written parenting change does not itself modify an existing court order. A parent seeking an enforceable modification shall file the required motion and obtain a new order.

9.2 Domestic-Violence Change Finding

Under R.I. Gen. Laws § 15-5-16(g)(5), a finding that domestic or family violence occurred since the last custody determination is prima facie evidence of a change of circumstances in a custody or visitation modification proceeding.

9.3 Visitation Enforcement

Section 15-5-16(d)(1) permits a noncustodial parent to move for contempt for noncompliance with a visitation order. Upon a finding of noncompliance, the court exercises discretion in selecting a remedy and defining visitation; after a second finding, the court must consider noncompliance as grounds for a custody change. This form creates no automatic fee, fine, forfeiture, or custody remedy.

9.4 Optional Mediation

☐ The parents may use voluntary private mediation or, in a pending case, request or comply with a Family Court mediation referral.

Mediation does not displace emergency relief, protection orders, required safety screening, or the Family Court's review of custody and placement. Any agreement intended to alter an existing order must be submitted through the required court process.

10. Parent Acknowledgments

Each parent acknowledges:

☐ The completed proposal is subject to Family Court review and order.

☐ No term limits the court's authority to protect the child or an abused parent.

☐ The relocation section contains no automatic permission or fabricated deadline.

☐ Child support and medical support are coordinated with a separate order and guideline worksheet.

☐ Existing orders remain in effect until the court enters a superseding order.

☐ Each parent had the opportunity to obtain independent Rhode Island legal advice.

11. Signatures

Sources and References

• R.I. Gen. Laws § 8-10-3
• R.I. Gen. Laws § 15-5-16
• R.I. Gen. Laws § 15-5-16.2
• Family Court Rules of Domestic Relations Procedure (February 2024)
• Family Court Mediation Program
• DePrete v. DePrete, 44 A.3d 1260 (R.I. 2012) — official opinion
• Mendez v. Arancibia, Supreme Court No. 2024-224-Appeal — official 2025 order confirming current use of the Pettinato and Dupré factors