RHODE ISLAND CHILD CUSTODY & PARENTING TIME AGREEMENT

(Comprehensive Template – Court-Ready Draft)

[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder (e.g., [MOTHER’S FULL NAME]) with matter-specific information. Delete all guidance comments before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Custody & Parenting Time (Operative Provisions)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title.
Child Custody & Parenting Time Agreement (the “Agreement”).

1.2 Parties.
This Agreement is made and entered into by and between:

a. [MOTHER’S FULL NAME], residing at [ADDRESS] (“Mother”); and
b. [FATHER’S FULL NAME], residing at [ADDRESS] (“Father”)
(each, a “Parent” and collectively, the “Parents”).

1.3 Child(ren).
This Agreement concerns the minor child(ren) identified below (each, a “Child,” collectively, the “Children”):

• [FULL NAME], born [DOB]
• [FULL NAME], born [DOB]

1.4 Effective Date.
This Agreement is effective as of [DATE] (the “Effective Date”).

1.5 Jurisdiction & Governing Law.
This Agreement shall be governed by and construed in accordance with the domestic-relations law of the State of Rhode Island (“RI Family Law”), and any disputes shall be heard exclusively in the Family Court of the State of Rhode Island (the “Family Court”), subject to Section 8 (Dispute Resolution).

1.6 Recitals.
WHEREAS, the Parents are the legal parents of the Children;
WHEREAS, it is in the best interests of the Children that their custody, parenting time, and related matters be established by written agreement; and
WHEREAS, the Parents desire to set forth their full and complete agreement regarding such matters, subject to approval of the Family Court;
NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parents agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms appear in alphabetical order; singular includes plural and vice versa; section references are to this Agreement unless otherwise indicated.

“Adjustment Factors” – The statutory and common-law “best interests of the child” criteria applied in Rhode Island custody determinations, including those enumerated in Section 3.2(b).

“Alternate Parenting Time” – Any Parenting Time period exercised in lieu of a Scheduled Parenting Time period, pursuant to Section 3.4.

“Custodial Parent” – The Parent granted Primary Physical Custody under Section 3.1.

“Legal Custody” – The right and obligation to make major decisions affecting the Children’s welfare, education, medical care, and religious upbringing.

“Parenting Plan” – The detailed schedule of Parenting Time set forth in Exhibit A, as may be amended under Section 5.4.

“Parenting Time” – The time during which a Parent shall have physical care and custodial responsibility for a Child.

“Primary Physical Custody” – The Children’s principal residence for purposes of schooling and mailing address.

“Relocation” – A change of a Child’s principal residence outside the State of Rhode Island or more than fifty (50) miles from the existing residence within the State.

[// GUIDANCE: Add additional defined terms as needed for special provisions.]

3. CUSTODY & PARENTING TIME (OPERATIVE PROVISIONS)

3.1 Legal Custody.
a. Joint Legal Custody. The Parents shall share joint Legal Custody. Each Parent shall consult with the other and, where feasible, reach consensus on major decisions affecting the Children.
b. Tie-Breaker. If consensus cannot be achieved after good-faith consultation, [DESIGNATE: Mother/Father] shall have tie-breaking authority solely as to [SPECIFY: medical/education/religion] decisions.

3.2 Physical Custody; Best Interest Factors.
a. Primary Physical Custody. [DESIGNATE: Mother/Father] shall be the Custodial Parent and the Children shall reside primarily with [her/him] at the address set forth above, subject to the Parenting Plan.
b. Best Interests Compliance. The Parenting Plan has been formulated with reference to the following non-exclusive factors recognized in Rhode Island custody jurisprudence (collectively, the “Adjustment Factors”):
i. Each Parent’s wishes regarding custody;
ii. The reasonable preferences of each Child (if of sufficient age and maturity);
iii. The interaction and interrelationship of each Child with parents, siblings, and other significant persons;
iv. Each Child’s adjustment to home, school, and community;
v. The mental and physical health of all individuals involved;
vi. Each Parent’s moral fitness;
vii. Each Parent’s willingness to foster a close and continuing relationship between the Children and the other Parent; and
viii. The stability of each proposed custodial arrangement.

3.3 Parenting Time Schedule.
a. Scheduled Parenting Time. Parenting Time shall occur per Exhibit A (the “Parenting Plan”), incorporated herein.
b. Holiday & Vacation Supremacy. Holiday and vacation schedules in Exhibit A supersede the base weekly schedule.
c. Exchange Logistics. Parenting Time exchanges shall occur at [LOCATION] at [TIME] unless otherwise agreed in writing.
d. Right of First Refusal. If the Custodial Parent requires childcare for more than [X] consecutive hours during [his/her] Parenting Time, the non-custodial Parent shall be offered the opportunity to provide childcare before any third-party caregiver is engaged.

3.4 Makeup & Alternate Parenting Time.
a. Notice. A Parent who cannot exercise Scheduled Parenting Time shall give the other Parent at least [24] hours’ written notice.
b. Makeup Time. Missed Parenting Time shall be made up within [30] days unless the Parents agree otherwise.
c. Non-Waiver. Failure to exercise Parenting Time does not constitute waiver of future Parenting Time rights.

3.5 Communication With Children.
Each Parent shall have reasonable telephone, video, and electronic contact with the Children during the other Parent’s Parenting Time (not to exceed [X] minutes per day absent consent).

3.6 Relocation.
a. Advance Written Notice. A Parent seeking Relocation must provide the other Parent and the Family Court at least ninety (90) days’ advance written notice stating: (i) the proposed new residence; (ii) the reasons for Relocation; and (iii) a proposed modified Parenting Plan.
b. Objection Procedure. The non-relocating Parent may file a formal objection with the Family Court within thirty (30) days of receipt of notice.
c. Best Interests Burden. The relocating Parent bears the burden of proving that Relocation serves the Children’s best interests under the Adjustment Factors, taking into account additional statutory Relocation considerations such as:
i. The feasibility of preserving the Children’s relationship with the non-relocating Parent;
ii. The economic, educational, and emotional advantages of the move; and
iii. The impact on the Children’s developmental needs.
d. Temporary Orders. Pending final determination, the status quo Parenting Plan shall remain in full force unless otherwise ordered by the Family Court.

3.7 Child Support.
[// GUIDANCE: Insert detailed child-support provisions or reference separate order.]
The Parties acknowledge that child support is determined pursuant to the Rhode Island Child Support Guidelines and shall be established by separate court order or stipulation.

3.8 Health Insurance & Unreimbursed Medical Expenses.
a. Insurance Coverage. [DESIGNATE Parent] shall maintain comprehensive health, dental, and vision insurance for the Children.
b. Unreimbursed Expenses. The Parents shall share unreimbursed medical expenses [50/50 OR OTHER]. Reimbursement requests shall be made within [30] days of incurring the expense and paid within [30] days of receipt.

3.9 Education & Extracurricular Activities.
a. School Enrollment. The Children shall remain enrolled at [SCHOOL] unless mutually agreed or court-ordered otherwise.
b. Activity Participation. Enrollment in extracurricular activities requiring commitment during both Parents’ Parenting Time requires mutual written consent, such consent not to be unreasonably withheld.

3.10 Passport & Travel.
Each Parent shall promptly execute all documents necessary for issuance/renewal of a Child’s passport and shall provide itineraries and emergency contact information for any travel outside Rhode Island exceeding [48] hours.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Parent represents and warrants that:
a. Parenting Capacity. He or she is physically, mentally, and emotionally capable of caring for the Children;
b. No Impediment. No legal or contractual impediment exists to the execution or performance of this Agreement;
c. Full Disclosure. He or she has disclosed to the other Parent any fact known to materially affect the Children’s welfare, including but not limited to health conditions and pending investigations; and
d. Legal Counsel. He or she has had the opportunity to seek independent legal advice and enters into this Agreement voluntarily and with full understanding of its terms.

4.2 Survival. The representations and warranties herein shall survive the execution and delivery of this Agreement and remain in effect for so long as any obligation of a Parent remains outstanding.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement.
Each Parent shall refrain from making derogatory or disparaging remarks about the other Parent in the presence or hearing of the Children.

5.2 Confidentiality of Child-Related Records.
Both Parents shall have equal access to the Children’s academic, medical, and counseling records, subject to applicable privacy laws.

5.3 Substance Use.
Neither Parent shall consume alcohol or use any impairing substance within [X] hours prior to or during his or her Parenting Time.

5.4 Modification Procedure.
a. Mutual Agreement. The Parents may modify this Agreement by a written instrument executed by both Parents and, if required, approved by the Family Court.
b. Substantial Change in Circumstances. Either Parent may petition the Family Court for modification upon a showing of substantial change in circumstances affecting the Children’s best interests.

5.5 Notice of Significant Events.
Each Parent shall notify the other within [24] hours of any significant event affecting a Child’s health, safety, or welfare (e.g., emergency medical treatment, suspension from school).

6. DEFAULT & REMEDIES

6.1 Events of Default.
The following constitute an “Event of Default”:
a. Failure to comply with scheduled Parenting Time without excusable cause;
b. Violation of the Relocation provisions in Section 3.6;
c. Willful interference with the other Parent’s Legal Custody rights; or
d. Material breach of any covenant that (i) adversely affects a Child’s welfare, or (ii) remains uncured after notice.

6.2 Notice & Cure.
Except where immediate harm to a Child is alleged, the non-defaulting Parent shall provide written notice specifying the breach and allow [7] days to cure.

6.3 Remedies.
a. Family Court Enforcement. Upon default, the non-defaulting Parent may seek all remedies available under RI Family Law, including but not limited to contempt, fines, attorney’s fees, compensatory Parenting Time, and modification of custody.
b. Emergency Relief. Nothing herein limits either Parent’s right to seek emergency injunctive relief to safeguard the Children.

6.4 Attorney’s Fees & Costs.
A prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorney’s fees and costs, subject to the Family Court’s discretion.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification.
Each Parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from and against any and all losses, liabilities, damages, penalties, or expenses (including reasonable attorney’s fees) arising from the Indemnifying Parent’s breach of this Agreement or negligent or intentional acts that compromise a Child’s welfare. Nothing herein shall be construed to indemnify a Parent against the consequences of his or her own misconduct toward a Child.

7.2 Limitation of Liability.
Not applicable. The paramount concern is the Children’s best interests; liability caps are expressly disallowed.

7.3 Insurance.
Each Parent shall maintain homeowner’s or renter’s insurance with liability coverage of not less than [$X] per occurrence and shall provide proof of coverage upon written request.

7.4 Force Majeure.
Neither Parent shall be liable for temporary inability to comply with logistical provisions of this Agreement due to force majeure events (e.g., natural disaster, government order, public health emergency), provided that the affected Parent gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Agreement shall be governed by RI Family Law.

8.2 Forum Selection.
Subject to Section 8.3 (Arbitration), the Family Court shall have exclusive jurisdiction.

8.3 Limited Arbitration Availability.
a. Scope. By mutual written consent, the Parents may submit discrete, non-custodial financial disputes (e.g., allocation of unreimbursed medical expenses) to binding arbitration under the [AMERICAN ARBITRATION ASSOCIATION / OTHER] rules.
b. Exclusions. Custody, Parenting Time, and Relocation issues are non-arbitrable and remain within the exclusive jurisdiction of the Family Court.
c. Confirmation. Any arbitration award may be confirmed in the Family Court.

8.4 Injunctive Relief.
Nothing in this Agreement shall limit either Parent’s right to seek immediate injunctive relief or temporary orders from the Family Court concerning custody modification or to protect the Children from imminent harm.

8.5 Jury Waiver.
Not applicable; jury trials are not available in Rhode Island Family Court.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver.
No amendment or waiver of any provision shall be valid unless in writing and signed by both Parents and, where required, approved by the Family Court. A waiver on one occasion shall not constitute a waiver on any other occasion.

9.2 Assignment.
Custody and Parenting Time rights are personal to each Parent and may not be assigned or delegated.

9.3 Successors & Assigns.
This Agreement shall inure to the benefit of and be binding upon the Parents and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability & Reformation.
If any provision is held invalid or unenforceable, such provision shall be severed and the remainder shall be enforced to the maximum extent permitted, and the Family Court may reform the Agreement to effectuate the Parents’ intent.

9.5 Entire Agreement.
This Agreement, together with all Exhibits, constitutes the entire understanding between the Parents regarding the subject matter and supersedes all prior agreements, written or oral.

9.6 Counterparts; Electronic Signatures.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original signatures.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents hereto have executed this Agreement as of the Effective Date first above written.

____ ____
[MOTHER’S FULL NAME] [FATHER’S FULL NAME]
Date: ___ Date: ___

[// GUIDANCE: Add notary acknowledgments below if local court rules require.]

EXHIBIT A

PARENTING PLAN

[// GUIDANCE: Insert detailed weekly schedule, holiday rotation chart, and vacation provisions. Include exchange times, locations, and transportation responsibilities.]

EXHIBIT B

ACKNOWLEDGMENT OF RECEIPT OF HANDBOOKS / RESOURCES

[// GUIDANCE: Some RI Family Court judges require parents to acknowledge receipt of parenting-class materials or handbooks.]

END OF AGREEMENT