Rhode Island Joint Custody Agreement

RHODE ISLAND JOINT CUSTODY AGREEMENT

Pursuant to R.I. Gen. Laws § 15-5-16

RHODE ISLAND FAMILY COURT
[________________________________] DIVISION

☐ Providence/Bristol County -- Garrahy Judicial Complex, One Dorrance Plaza, Providence, RI 02903
☐ Kent County -- Noel Judicial Complex, 222 Quaker Lane, Warwick, RI 02886
☐ Washington County -- McGrath Judicial Complex, 4800 Tower Hill Road, Wakefield, RI 02879
☐ Newport County -- Murray Judicial Complex, 45 Washington Square, Newport, RI 02840

Case No.: [________________________________]
Case Type: ☐ DR (Divorce) ☐ MP (Miscellaneous Petition) ☐ Paternity/Parentage

CAPTION

[________________________________], Petitioner/Plaintiff
v.
[________________________________], Respondent/Defendant

I. PARTIES AND CHILDREN

1.1 Identification of Parents

Parent A:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Current Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

Parent B:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Current Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

1.2 Minor Child(ren)

1.3 Context of Agreement

This Agreement arises from:
☐ Divorce proceedings filed in this Court on [__/__/____]
☐ Miscellaneous Petition for custody filed on [__/__/____]
☐ Paternity/parentage action filed on [__/__/____]
☐ Modification of prior order dated [__/__/____]

II. RHODE ISLAND LEGAL FRAMEWORK

2.1 Statutory Authority

Under R.I. Gen. Laws § 15-5-16(a), Rhode Island law does not establish a preference for either joint custody or sole custody. The Court shall consider all options and award custody in whatever arrangement serves the best interests of the child(ren). Joint custody in Rhode Island requires the agreement of both parties or a specific finding by the Court that joint custody is in the child(ren)'s best interests.

2.2 Best Interest Factors

The Parents have considered the factors established in Pettinato v. Pettinato (1990) and agree that joint custody serves the child(ren)'s best interests based on:

(1) Wishes of the Parents: Both Parents desire joint legal and physical custody.

(2) Child(ren)'s preference (if the child is of sufficient intelligence, understanding, and experience):
[________________________________]

(3) Child(ren)'s relationships with parents, siblings, and significant persons:
[________________________________]

(4) Child(ren)'s adjustment to home, school, and community:
[________________________________]

(5) Mental and physical health of all individuals:
[________________________________]

(6) Stability of the child(ren)'s home environment:
[________________________________]

(7) Moral fitness of the parents:
[________________________________]

(8) Willingness and ability of each Parent to facilitate a close and continuous parent-child relationship with the other Parent (this factor carries substantial weight in Rhode Island):
[________________________________]

2.3 Domestic Violence Disclosure

☐ Neither party has a history of domestic or family violence.
☐ A history of domestic or family violence exists. See Addendum A for protective provisions required under R.I. Gen. Laws § 15-5-16(g).

Note: Under Rhode Island law, where domestic violence is established, the Court must consider as primary the safety and well-being of the child and the parent who is the victim of domestic or family violence. Joint custody may not be appropriate in cases involving domestic violence.

III. JOINT LEGAL CUSTODY

3.1 Shared Decision-Making Authority

Both Parents shall share joint legal custody, meaning both Parents have equal right and responsibility to participate in major decisions affecting the child(ren)'s welfare, including:

• Education: School enrollment, school choice, special education (IEP/504), tutoring, educational testing
• Healthcare: Selection of physicians, dentists, specialists; non-emergency medical procedures; vaccinations; ongoing treatment plans
• Mental health: Therapists, counselors, psychiatric care, psychological testing
• Religious upbringing: Religious education, observances, ceremonies
• Extracurricular activities: Sports, lessons, camps, clubs (where cost exceeds $[____] per activity per season)

3.2 Consultation Protocol

Before making any major decision, the initiating Parent shall:

1. Notify the other Parent in writing (email or co-parenting app) with relevant information
2. Allow [____] business days for response
3. Engage in good-faith discussion to reach agreement
4. If agreement cannot be reached, proceed to the dispute resolution process in Section IX

3.3 Emergency Decisions

The Parent exercising parenting time may make emergency medical decisions when delay would endanger the child(ren)'s health or safety. The deciding Parent shall:

• Notify the other Parent within two (2) hours of the emergency
• Provide hospital/facility name, treating physician, and nature of emergency
• Share all medical records and follow-up information promptly

3.4 Day-to-Day Decisions

The Parent exercising parenting time shall make routine daily decisions regarding meals, bedtime, homework, age-appropriate activities, discipline, and hygiene during that Parent's parenting time. Parents shall make reasonable efforts to maintain consistency between households.

IV. JOINT PHYSICAL CUSTODY -- PARENTING TIME SCHEDULE

4.1 Residential Designation for School Enrollment

For purposes of school enrollment, mailing address, and official records, the child(ren)'s primary address shall be:
[________________________________]
School District: [________________________________]

Note: This designation does not confer greater custodial rights and is for administrative purposes only.

4.2 Regular Parenting Time Schedule

Select one schedule or specify a custom arrangement:

☐ Option A: Alternating Weeks (Week On / Week Off)

• Parent A: Monday after school through the following Monday morning school drop-off (Week 1)
• Parent B: Monday after school through the following Monday morning school drop-off (Week 2)
• Alternating weekly thereafter

☐ Option B: 2-2-3 Rotation

• Monday & Tuesday: Parent A (every week)
• Wednesday & Thursday: Parent B (every week)
• Friday through Sunday: Alternating (Parent A in Week 1; Parent B in Week 2)

☐ Option C: 5-2-2-5 Rotation

• Monday & Tuesday: Always with Parent A
• Wednesday & Thursday: Always with Parent B
• Friday through Sunday: Alternating between Parents

☐ Option D: Every Other Weekend Plus Midweek

• Primary residence with: [________________________________]
• Other Parent: Alternating weekends Friday 6:00 PM to Sunday 6:00 PM
• Midweek overnight: [________________________________] after school to [________________________________] morning school drop-off
• Additional time: [________________________________]

☐ Option E: Custom Schedule
[________________________________]
[________________________________]
[________________________________]

4.3 Summer Schedule (if different from school year)

☐ Same as school-year schedule
☐ Modified as follows:

Parent A summer parenting time: [________________________________]
Parent B summer parenting time: [________________________________]

Each Parent shall have [____] uninterrupted weeks of vacation time with the child(ren) during summer, with at least thirty (30) days' written notice to the other Parent. Vacation weeks shall not conflict with the other Parent's designated vacation weeks. First right to select vacation weeks alternates annually, with Parent A selecting first in even-numbered years.

4.4 Holiday Schedule

Holidays supersede the regular parenting time schedule.

4.5 Exchanges / Transitions

Exchange Location:
☐ Child(ren)'s school (school drop-off / pick-up)
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral public location: [________________________________]
☐ Police station lobby (where safety concerns exist): [________________________________]

Transportation:
☐ Receiving Parent picks up
☐ Delivering Parent drops off
☐ Parents share equally -- delivering Parent transports to exchange location
☐ Other: [________________________________]

Exchange Protocol:

• Exchanges shall occur at the scheduled time. A grace period of fifteen (15) minutes applies.
• The child(ren) shall have packed bags with clothing, school materials, medications, and comfort items.
• Parents shall conduct exchanges in a courteous and conflict-free manner. Neither Parent shall engage the other in arguments during exchanges.

V. COMMUNICATION

5.1 Between Parents

Parents shall communicate regarding the child(ren) through:
☐ Telephone, text, and email
☐ Co-parenting application: [________________________________]
☐ Email only
☐ Other: [________________________________]

All communication shall be respectful, child-focused, and business-like. Neither Parent shall use the child(ren) as messengers or intermediaries.

5.2 Parent-Child Communication

During the other Parent's parenting time, each Parent shall facilitate reasonable phone and/or video communication between the child(ren) and the non-residential Parent:

• Frequency: [________________________________]
• Preferred time: [________________________________]
• Duration: [________________________________]

Neither Parent shall monitor, record, or interfere with the child(ren)'s communication with the other Parent.

5.3 Information Sharing

Both Parents shall have full and equal access to:

• School records, report cards, teacher communications, and IEP/504 plans
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules and contact information
• Emergency contact listings (both Parents listed)
• Childcare provider information

Each Parent shall forward copies of school notices, medical records, and other important documents to the other Parent within seven (7) days of receipt.

VI. RELOCATION

6.1 Rhode Island Geographic Considerations

Rhode Island's compact geography means that even moves within the state can materially affect joint custody schedules, school districts, and the child(ren)'s community ties.

6.2 Intrastate Relocation

Either Parent shall provide at least forty-five (45) days' written notice before relocating within Rhode Island if the move would:

• Change the child(ren)'s school district;
• Increase one-way travel time between households by more than twenty (20) minutes; or
• Otherwise materially affect the parenting time schedule.

Written notice shall include the proposed new address, reason for the move, and proposed modifications to the parenting schedule.

6.3 Interstate or International Relocation

Under Dupré v. Dupré, 857 A.2d 242 (R.I. 2004), a Parent seeking to relocate with the child(ren) outside Rhode Island must demonstrate that the relocation serves the child(ren)'s best interests. The Court shall consider:

1. Nature, quality, extent of involvement, and duration of the child's relationship with each Parent
2. Reasonable likelihood the relocation will enhance the quality of life for the child and the relocating Parent (economic, emotional, educational opportunities)
3. Probable impact on the child's physical, educational, and emotional development
4. Whether the non-relocating Parent's relationship can be preserved through suitable visitation, considering logistics and financial circumstances
5. Extended family and support systems in both locations
6. Each Parent's reasons for seeking or opposing relocation
7. For international moves, whether the destination is a Hague Convention signatory
8. Applicable Pettinato best interest factors

Neither Parent shall relocate the child(ren) outside Rhode Island without:
(a) Written consent of the other Parent, filed with the Court; or
(b) A Court order authorizing the relocation after a Dupré analysis.

The relocating Parent shall provide at least sixty (60) days' advance written notice of any proposed out-of-state move.

VII. PARENTAL CONDUCT PROVISIONS

7.1 Non-Disparagement

Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the child(ren)'s presence or hearing. Neither Parent shall allow third parties to do so.

7.2 No Parental Alienation

Neither Parent shall engage in conduct intended to damage the child(ren)'s relationship with the other Parent, including but not limited to:

• Interfering with scheduled parenting time
• Withholding information about the child(ren)
• Making false allegations
• Coaching the child(ren) to reject the other Parent

7.3 Substance Use

Neither Parent shall consume alcohol to impairment or use illegal controlled substances during parenting time or within twelve (12) hours before parenting time commences.

7.4 Introduction of New Partners

If either Parent enters a new significant relationship, the Parent shall introduce the new partner to the child(ren) gradually and only after the relationship has become stable. Neither Parent shall allow a romantic partner to assume a parental role or discipline the child(ren) without the other Parent's knowledge.

7.5 Firearms Safety

All firearms in either household shall be stored unloaded, in a locked container, with ammunition stored separately, inaccessible to the child(ren), in compliance with applicable Rhode Island law.

7.6 Right of First Refusal

☐ Not applicable.
☐ If either Parent is unable to care for the child(ren) for a period exceeding [____] consecutive hours during that Parent's scheduled parenting time, that Parent shall first offer the other Parent the opportunity to care for the child(ren) before arranging third-party childcare. The other Parent shall respond within [____] hours of receiving notice.

VIII. HEALTH INSURANCE AND EXPENSES

8.1 Health Insurance

[________________________________] (☐ Parent A ☐ Parent B) shall maintain health, dental, and vision insurance for the child(ren) through that Parent's employer or private plan. The other Parent shall cooperate in claims processing.

8.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, mental health, orthodontic, and prescription expenses shall be allocated:

• Parent A: [____]%
• Parent B: [____]%

The Parent incurring the expense shall provide documentation to the other Parent within thirty (30) days. The reimbursing Parent shall pay their share within thirty (30) days of receiving documentation.

8.3 Automobile Insurance

Each Parent shall maintain automobile liability insurance meeting Rhode Island minimum coverage requirements on any vehicle used to transport the child(ren).

IX. DISPUTE RESOLUTION

9.1 Good-Faith Negotiation

Parents shall first attempt to resolve any dispute regarding this Agreement through direct, respectful communication.

9.2 Mediation

If direct negotiation fails, Parents shall participate in mediation with a qualified Rhode Island family mediator before filing any motion with the Court. Mediation costs shall be shared equally unless otherwise ordered.

Exception: Mediation shall not be required, and either Parent may proceed directly to Court, in cases involving:

• Allegations of domestic violence (R.I. Gen. Laws § 15-5-16(g))
• Allegations of child abuse or neglect
• Emergency circumstances threatening the child(ren)'s safety

9.3 Guardian Ad Litem

If mediation is unsuccessful, either Parent may request that the Court appoint a Guardian ad Litem under R.I. Gen. Laws § 15-5-16.2 to investigate and report on the child(ren)'s best interests. GAL fees shall be allocated as the Court directs.

9.4 Court Proceedings

Any action to enforce, interpret, or modify this Agreement shall be filed in the Rhode Island Family Court, [________________________________] Division. The Court retains continuing, exclusive jurisdiction under R.I. Gen. Laws § 15-5-16 and the UCCJEA (R.I. Gen. Laws § 15-14.1-1 et seq.).

X. MODIFICATION AND REVIEW

10.1 Periodic Review

The Parents agree to review this Agreement at least annually and discuss any adjustments needed to accommodate the child(ren)'s changing developmental needs.

10.2 Formal Modification

This Agreement may be formally modified only by:
(a) Written stipulation signed by both Parents and approved by the Court; or
(b) Court order after a hearing, upon a showing of a material and substantial change in circumstances.

10.3 Temporary Agreements

The Parents may agree in writing to temporary, short-term deviations from the parenting schedule without formal modification. Temporary agreements do not constitute a waiver of any party's rights under this Agreement or modification of the Court's Order.

XI. GENERAL PROVISIONS

11.1 Governing Law

This Agreement is governed by Rhode Island law, including R.I. Gen. Laws Title 15, Chapter 5, and applicable case law of the Rhode Island Supreme Court.

11.2 Integration

This Agreement constitutes the entire understanding between the Parents regarding joint custody and supersedes all prior oral and written agreements.

11.3 Severability

If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts. Electronic signatures shall be deemed valid and binding.

11.5 Notice

All formal notices under this Agreement shall be delivered to the addresses listed in Section I or as updated in writing.

XII. EXECUTION

We, the undersigned Parents, have read this Joint Custody Agreement in its entirety, understand its terms, and voluntarily agree that joint legal and physical custody as set forth herein is in the best interests of our child(ren). We request that the Rhode Island Family Court approve this Agreement and incorporate it into a Court Order.

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF RHODE ISLAND
COUNTY OF ☐ Providence ☐ Kent ☐ Washington ☐ Newport ☐ Bristol

Before me, the undersigned Notary Public, on [__/__/____], personally appeared [________________________________] and [________________________________], proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same voluntarily.

Signature: [________________________________]
Notary Public, State of Rhode Island
My Commission Expires: [__/__/____]

[Seal]

ORDER OF THE RHODE ISLAND FAMILY COURT

The foregoing Joint Custody Agreement having been presented to this Court, and the Court having reviewed the same and finding that:

1. Joint custody serves the best interests of the minor child(ren) under the Pettinato factors;
2. Both Parents are fit and capable of cooperating in a joint custody arrangement;
3. The Agreement was entered into voluntarily; and
4. The Agreement is fair, reasonable, and adequately addresses the child(ren)'s needs;

IT IS HEREBY ORDERED that the Joint Custody Agreement is APPROVED and incorporated into an Order of this Court, effective [__/__/____].

Date: [__/__/____]

[________________________________]
Associate Justice / General Magistrate
Rhode Island Family Court
[________________________________] Division

SOURCES AND REFERENCES

• R.I. Gen. Laws § 15-5-16 -- Alimony and counsel fees; Custody of children
• R.I. Gen. Laws § 15-5-16(a) -- No statutory preference for joint or sole custody
• R.I. Gen. Laws § 15-5-16(g) -- Domestic violence considerations
• R.I. Gen. Laws § 15-5-16.2 -- Child support; Guardian ad litem appointments
• R.I. Gen. Laws § 15-5-29(a) -- Court-ordered mediation
• R.I. Gen. Laws § 15-14.1-1 et seq. -- Uniform Child Custody Jurisdiction and Enforcement Act
• R.I. Gen. Laws § 15-15-1 et seq. -- Domestic Violence Prevention Act
• Pettinato v. Pettinato (1990) -- Rhode Island best interest factors
• Dupré v. Dupré, 857 A.2d 242 (R.I. 2004) -- Relocation factors
• Rhode Island Family Court: https://www.courts.ri.gov/Courts/FamilyCourt/
• Rhode Island Family Court Rules of Domestic Relations Procedure