Rhode Island Sole Custody Agreement

RHODE ISLAND SOLE 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 Custodial Parent

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

1.2 Non-Custodial Parent

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

1.3 Minor Child(ren)

1.4 Basis for Sole Custody

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

Sole custody is appropriate in this case because:
☐ Parents are unable to cooperate effectively in a joint custody arrangement
☐ Geographic distance makes joint custody impractical
☐ History of domestic violence (R.I. Gen. Laws § 15-5-16(g))
☐ Non-Custodial Parent's substance abuse or addiction
☐ Non-Custodial Parent's incarceration or extended absence
☐ Non-Custodial Parent's voluntary agreement to sole custody
☐ Non-Custodial Parent's mental or physical health limitations
☐ Other: [________________________________]

II. RHODE ISLAND BEST INTEREST ANALYSIS

2.1 Statutory Framework

Under R.I. Gen. Laws § 15-5-16, Rhode Island does not presume in favor of either joint or sole custody. The Court awards custody based entirely on the child(ren)'s best interests. The Parents have evaluated the Pettinato v. Pettinato (1990) factors and agree that sole custody to the Custodial Parent serves the child(ren)'s best interests:

(1) Wishes of the Parents regarding custody:
The Custodial Parent seeks sole legal and physical custody. The Non-Custodial Parent ☐ agrees ☐ does not contest this arrangement.
[________________________________]

(2) Child(ren)'s reasonable preference (considered where the child possesses sufficient intelligence, understanding, and experience -- ages 15-17: significant weight; ages 12-14: substantial consideration; younger children: limited consideration at the Court's discretion):
[________________________________]

(3) Interaction and interrelationship 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:
[________________________________]

2.2 Domestic Violence Assessment

Under R.I. Gen. Laws § 15-5-16(g), the Court must consider evidence of past or present domestic or family violence. Where domestic violence is established, the safety and well-being of the child and the victim parent are the primary considerations.

☐ No history of domestic or family violence.
☐ History of domestic or family violence exists. The following protective provisions apply (see Section VI).

Note: Receipt of public assistance shall not be a factor in the custody determination. R.I. Gen. Laws § 15-5-16.

III. SOLE CUSTODY PROVISIONS

3.1 Sole Legal Custody

The Custodial Parent shall have sole legal custody, with exclusive authority to make all major decisions regarding the child(ren), including:

• Education: School enrollment, school choice (public, private, charter, home), special education services (IEP/504 plans), tutoring, standardized testing
• Healthcare: Selection of primary care physicians, dentists, specialists; authorization of medical procedures, vaccinations, medications, and ongoing treatment plans
• Mental health: Selection of therapists, counselors, psychiatrists; authorization of evaluations and treatment
• Religious upbringing: Religious education, participation in religious activities and ceremonies
• Extracurricular activities: Sports, clubs, lessons, summer programs
• Travel: Authorization for domestic and international travel
• Legal matters: Consent to legal proceedings involving the child(ren)

The Custodial Parent ☐ shall ☐ is not required to consult with the Non-Custodial Parent before making major decisions, but shall inform the Non-Custodial Parent of significant decisions within [____] days.

3.2 Sole Physical Custody

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]

The Custodial Parent has authority over all day-to-day decisions regarding the child(ren)'s care, routines, discipline, and activities.

3.3 School Enrollment

The child(ren) shall be enrolled in:

• School: [________________________________]
• School District: [________________________________]
• Address: [________________________________]

Both Parents shall be listed as emergency contacts. The Non-Custodial Parent shall have the right to access school records, attend parent-teacher conferences and school events, and communicate directly with school personnel, unless restricted by Court order.

IV. NON-CUSTODIAL PARENT PARENTING TIME

4.1 Parenting Time Schedule

Select the applicable visitation arrangement:

☐ Schedule A: Standard Parenting Time

• Alternate weekends: Every other weekend, Friday at 6:00 PM to Sunday at 6:00 PM
• Midweek visit: Every [________________________________] from [____] PM to [____] PM
• Summer: Two (2) non-consecutive weeks with at least thirty (30) days' advance written notice
• Total approximate overnights per year: 52-78

☐ Schedule B: Expanded Parenting Time

• Alternate weekends: Every other weekend, Friday after school to Monday morning school drop-off
• Midweek overnights: Every [________________________________] after school to [________________________________] morning school drop-off
• Summer: Four (4) weeks (consecutive or split) with sixty (60) days' advance written notice
• Total approximate overnights per year: 104-130

☐ Schedule C: Supervised Parenting Time
(Where safety concerns exist under R.I. Gen. Laws § 15-5-16(g))

• Frequency: [________________________________]
• Duration: [________________________________]
• Supervisor: ☐ Professional supervised visitation center ☐ Approved third party: [________________________________]
• Location: [________________________________]

• Conditions:
  ☐ Non-Custodial Parent shall submit to substance abuse testing before each visit
  ☐ Non-Custodial Parent shall have completed: [________________________________]
  ☐ No overnight visits permitted during supervised period
  ☐ Other: [________________________________]

• Review date: Supervision requirements shall be reviewed on [__/__/____] or upon motion to the Court

☐ Schedule D: Graduated Parenting Time
(For reunification or transition from supervised to unsupervised)

• Phase 1 ([__/__/____] to [__/__/____]): [________________________________]
• Phase 2 ([__/__/____] to [__/__/____]): [________________________________]
• Phase 3 ([__/__/____] onward): [________________________________]

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

4.2 Holiday Schedule

Holiday parenting time supersedes the regular schedule.

4.3 Exchange Logistics

Exchange Location:
☐ Custodial Parent's residence
☐ Child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Police station (where safety concerns exist): [________________________________]
☐ Supervised visitation center

Transportation:
☐ Non-Custodial Parent responsible for all pick-up and drop-off
☐ Custodial Parent drops off; Non-Custodial Parent returns
☐ Shared equally
☐ Other: [________________________________]

4.4 Cancellations and Make-Up Time

If the Non-Custodial Parent must cancel scheduled parenting time, at least twenty-four (24) hours' notice is required. The Custodial Parent shall offer reasonable make-up time within fourteen (14) days when practicable.

If the Non-Custodial Parent fails to appear for scheduled parenting time without notice on three (3) or more occasions within a six-month period, the Custodial Parent may petition the Court to modify the parenting time schedule.

V. COMMUNICATION AND INFORMATION

5.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the Non-Custodial Parent:

• Frequency: [________________________________]
• Preferred times: [________________________________]
• Method: ☐ Phone ☐ Video call ☐ Both

The Custodial Parent shall not monitor, record, or interfere with these communications unless a Court order requires otherwise.

5.2 Communication Between Parents

Parents shall communicate regarding the child(ren) through:
☐ Phone, text, and email
☐ Co-parenting application: [________________________________]
☐ Written communication only (where domestic violence history warrants)

Communication shall be limited to matters concerning the child(ren)'s welfare and logistics. Neither Parent shall use the child(ren) as messengers.

5.3 Non-Custodial Parent's Access to Records

The Non-Custodial Parent shall have the right to obtain directly from third parties:

• School records, report cards, and progress reports
• Medical, dental, and mental health records
• Notification of school events and extracurricular activities

The Custodial Parent shall provide the Non-Custodial Parent copies of report cards and significant medical information within ten (10) days of receipt.

5.4 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any:

• Emergency, serious illness, or injury involving the child(ren)
• Hospitalization or surgical procedure
• Involvement with law enforcement or DCYF (Department of Children, Youth and Families)
• Significant change in the child(ren)'s health or well-being

VI. DOMESTIC VIOLENCE PROTECTIVE PROVISIONS

(Complete this section if domestic violence history is indicated in Section 2.2)

Under R.I. Gen. Laws § 15-5-16(g), when the Court has made a finding of domestic or family violence, the following provisions shall apply:

☐ Supervised visitation: All parenting time shall be supervised as specified in Section 4.1, Schedule C.

☐ Protected exchange: Exchanges shall occur at [________________________________] to protect the safety of the child(ren) and the victim parent.

☐ Batterer's intervention program: The Non-Custodial Parent shall attend and successfully complete a certified batterer's intervention program: [________________________________]

☐ Substance abuse program: The Non-Custodial Parent shall attend and successfully complete a substance abuse treatment program: [________________________________]

☐ Bond for child's safety: The Non-Custodial Parent shall file a bond in the amount of $[________________________________] with the Court to ensure the return and safety of the child(ren).

☐ Address confidentiality: The Custodial Parent's and child(ren)'s home address, telephone number, and school information shall remain confidential and not be disclosed to the Non-Custodial Parent.

☐ No alcohol/substances: The Non-Custodial Parent shall abstain from alcohol and controlled substances for [____] hours before and during all parenting time.

☐ Other conditions: [________________________________]

Annual Review: Where visitation has been denied due to domestic violence, the Court shall conduct an annual review to determine what steps the Non-Custodial Parent has taken toward rehabilitation and whether continued denial remains in the child(ren)'s best interests.

VII. RELOCATION

7.1 Custodial Parent Relocation Within Rhode Island

The Custodial Parent may relocate within Rhode Island, provided:

• At least thirty (30) days' written notice is given to the Non-Custodial Parent
• Notice includes the new address, effective date, and any impact on the parenting time schedule
• If the move changes the child(ren)'s school district, the Parents shall confer about school enrollment

7.2 Out-of-State Relocation

The Custodial Parent may not relocate the child(ren) outside Rhode Island without:
(a) Written consent of the Non-Custodial Parent; or
(b) Court approval after a hearing considering the Dupré v. Dupré relocation factors:

1. Parent-child relationships with both parents
2. Enhancement of quality of life for child and relocating parent
3. Impact on child's development
4. Feasibility of preserving non-relocating parent's relationship
5. Support systems in both locations
6. Each parent's motivations
7. Hague Convention status (international moves)
8. Pettinato best interest factors

The Custodial Parent shall provide at least sixty (60) days' advance written notice of any proposed relocation outside Rhode Island.

Note: Under R.I. Gen. Laws § 15-5-16(g), a parent's absence or relocation because of domestic violence by the other parent shall not weigh against the relocating parent.

VIII. GUARDIAN AD LITEM

Under R.I. Gen. Laws § 15-5-16.2, the Court may appoint a Guardian ad Litem (GAL) to represent the child(ren)'s interests. Factors the Court considers in determining whether to appoint a GAL include:

• The extent to which a GAL may assist in providing best-interest information
• The age of the child(ren)
• The wishes and financial resources of the parents
• The nature of the proceedings, including allegations of child abuse or domestic violence
• The risk of harm to the child(ren) if a GAL is not appointed

☐ A GAL has been appointed: [________________________________], Esq.
☐ No GAL has been appointed.
☐ The parties request GAL appointment.

GAL fees shall be allocated: Parent A [____]% / Parent B [____]%.

IX. HEALTH INSURANCE AND FINANCIAL PROVISIONS

9.1 Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren).

9.2 Unreimbursed Medical Expenses

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

• Custodial Parent: [____]%
• Non-Custodial Parent: [____]%

Documentation shall be provided within thirty (30) days of incurring the expense. Reimbursement shall be made within thirty (30) days of receiving documentation.

9.3 Automobile Insurance

Each Parent shall maintain automobile insurance meeting Rhode Island minimum requirements when transporting the child(ren).

X. DISPUTE RESOLUTION

10.1 Direct Communication

Parents shall first attempt to resolve disputes directly and in good faith.

10.2 Mediation

If direct resolution fails, Parents shall participate in mediation before filing a motion with the Court.

Exception: Mediation is not required where domestic violence exists. Domestic violence survivors may request exclusion from mediation under Rhode Island law.

10.3 Court Proceedings

All disputes shall be resolved in the Rhode Island Family Court, [________________________________] Division, which retains continuing jurisdiction under R.I. Gen. Laws § 15-5-16 and the UCCJEA (R.I. Gen. Laws § 15-14.1-1 et seq.).

XI. ENFORCEMENT

11.1 Contempt

Violation of this Order may be enforced through contempt proceedings in the Rhode Island Family Court. Remedies may include make-up parenting time, modification of custody or visitation, imposition of supervised visitation, attorney's fees, and sanctions.

11.2 Denial of Parenting Time

Denial of court-ordered parenting time without good cause is a serious violation. The Non-Custodial Parent may seek emergency relief and make-up time.

11.3 Failure to Return Child(ren)

Failure to return the child(ren) at the scheduled time constitutes a material breach. Repeated violations may result in modification of custody or criminal charges.

XII. GENERAL PROVISIONS

12.1 Modification

This Agreement may be modified by written stipulation of both parties approved by the Court, or by Court order upon a showing of material and substantial change in circumstances.

12.2 Military Deployment

The absence of a parent due to military activation shall not, by itself, constitute a material change in circumstances warranting custody modification.

12.3 Governing Law

This Agreement is governed by Rhode Island law, including R.I. Gen. Laws Title 15, Chapter 5.

12.4 Severability

If any provision is unenforceable, the remaining provisions continue in effect.

12.5 Integration

This Agreement constitutes the entire understanding of the parties regarding custody and supersedes all prior agreements.

12.6 Counterparts

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

XIII. EXECUTION

We, the undersigned, have read this Sole Custody Agreement, understand its terms, and agree that sole custody to the Custodial Parent serves 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.

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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 [________________________________], known to me or proved to be the persons whose names are subscribed hereto, 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 Sole Custody Agreement having been reviewed by this Court, and the Court finding that:

1. Sole custody to the Custodial Parent serves the best interests of the minor child(ren) under the Pettinato factors;
2. The Non-Custodial Parent's parenting time is reasonable and appropriate;
3. Adequate provisions have been made for the child(ren)'s safety and welfare;
4. The Agreement was entered voluntarily by both parties; and
5. The Agreement is fair, reasonable, and in compliance with R.I. Gen. Laws § 15-5-16;

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

☐ The domestic violence protective provisions in Section VI are ORDERED as conditions of parenting time.

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(g) -- Domestic violence and custody
• R.I. Gen. Laws § 15-5-16.2 -- 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. -- UCCJEA
• R.I. Gen. Laws § 15-15-1 et seq. -- Domestic Violence Prevention Act
• Pettinato v. Pettinato (1990) -- 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 Department of Children, Youth and Families (DCYF): https://dcyf.ri.gov/