Sole Custody Vs. Joint Custody in Rhode Island

Parents who have joint custody share in the decision making regarding the child.

Deciding on the custody arrangements of a child is one of the most critical decisions a couple will have to make. Custody is not only an issue for parents who are divorcing; parents who have never been married and who live apart have to make decisions regarding the custody of their child or children. Sole custody and joint custody are two terms that affect the rights and responsibilities of parents. If a parent has sole custody, they are the primary caregiver of the child and can make all decisions independently about the child’s welfare. Parents who have joint custody share in the responsibility of decision-making related to the child. The distinctions between sole and joint custody arrangements are defined in the same way in all jurisdictions in the United States. If you are seeking a custody arrangement in Rhode Island, you must contact the family court in your district.

Legal Custody

Legal custody of a child gives a parent the right to make all decisions regarding the child’s upbringing. Decisions regarding education, medical care, housing and religion are all decided by parents with legal custody. Unless a court order stipulates otherwise, both birth parents share in the legal custody of their child. If sole legal custody has been sought through the court and obtained by either parent, the parent that has legal custody can make decisions about the child’s care without input from the other parent. Oftentimes a parent will seek sole legal custody if one parent is absent. If parents share in the legal custody of their child, they also share the decision-making about the child’s upbringing.

Physical Custody

Physical custody determines where the child will live the majority of the time. If the parents do not live together, the parent who has sole physical custody has the right to make all decisions related to the day to day care of the child. If a parent has sole custody, the child will live with that parent. If the parents share custody, the joint physical custody of the child is shared between the two parents. In some cases the child may live with each parent fifty percent of the time is physical custody is joint.

Visitation

Even if a parent has sole custody of a child, the noncustodial parent has a legal right to spend time with the child. The parent who has sole custody may be entirely responsible for the child’s welfare, but must allow the other parent to engage in time sharing activities. If the parents have joint custody of the child, time is split between the two parents. Visitation is typically arranged in a manner that will prevent disruption to the child’s routine.

Support

Child support is the ongoing payments made by a parent toward the financial support of a child. These support payments are obligatory until the child reaches the age of 18. The payments may be made either directly to the custodial parent, the courts or the local child support agency. If parents have joint custody, each parent has the responsibility to financially contribute to the child’s care. If a parent has sole custody, that does not relieve the other parent of providing support. The custody designation can only impact the amount of child support payments; a noncustodial parent who does not spend time with the child may be required to pay more toward the care of the child.

References

• Divorce Lawyer: Sole Custody Rights
• Family Law Lawyers: Types of Child Custody
• The Liz Library: Debunking the Claims about Joint versus Sole Custody

Resources

• Office of Child Support Services: Enforcement
• Rhode Island Judiciary: Family Court
• Difference Between: Difference Between Joint and Sole Custody