The preference of the child in child custody cases

There is an age when a child can decide what father who wish to reside in a case of Rhode Island divorce or custody of Rhode Island?

There is no defined age when a child can decide to live with their mother or father in a case of custody of the child of Rhode Island. Indeed, in theory, the child is not allowed to make a decision. Indeed, older children have a very significant impact in the custody of the child by a Rhode Island family court judge determinations. In making a determination of custody of children, the Court makes a decision based on the "best interests of the child".

The preference of the child is only one factor that might be considered a Rhode Island family court judge to determine the best interests of the child. Please see below all the factors the Court Rhode Island family is used to determine child custody.

If one child, such as 15, 16 or 17 years of age has a preference and expressed the view that the judge, researcher of the Court or Guardian ad Litem that the judge will generally respect the desire of the child.

There are some exceptions to the decision of a child more be decisive. In some cases, in spite of the age of the child, children don't know what is in your best interest. If the child does not have a good reason for its decision, then, the judge can deny the request of the child. If the other parent is not a fit and proper person for the placement of the child, then the judge may deny the request. The judge can deny the request for a child if the parent of the child would reside with have alcohol problems, a drug or a criminal record. In some cases, RI family court judges are reluctant to change position if your child has problems behaviors and the child is just rebelling against the imposition of rules and structure.

Children may also present influence in Rhode Island child visitation cases. Children can play a role in the determination of whether they should be visits during the night. Children often play a part in the visit must be supervised or without supervision and the length of duration of the visit. Children can also be given influence when the parent with physical custody files a motion to relocate outside of the State.

Practical advice: If you are aware of their children to support its position with regard to the visitation, custody, the location or relocation outside of the State, then children have interviewed by judge services series of Rhode Island or a Guardian ad Litem.

Children with ages between May 11, 12, 13 and 14 also the possibility of a significant influence on Rhode Island, the visitation and the relocation of cases child custody.

Judges in Rhode Island have different philosophies about how concerned with children. Some judges not interview children. Will have the family services in Rhode Island or the Guardian family court researchers ad Litem interviewing children. The investigator of the Court or the Guardian ad Litem, will then issue a report to the Rhode Island family court judge or judge handling the case.

There are some judges who will bring the child in chambers for an interview. Normally, the judge will bring the court reporter to transcribe the proceedings. Some judges will allow lawyers to challenge the child in front of the judge Chambers.

Practical advice: Don't coach to their children. This is unfair for the child and puts pressure and unnecessary stress on the child. Also, the child will normally tell judge or family services on the training. If the judge believes that you have engaged in training, then, there may be penalties. The sanctions may include the judge denies your request for placement, exclusive custody or relocation.

It is age a child, weight / influence the judge shall give to the preferences of the child in custody, placement, the visitation and relocating outside the State. Young children often have a greater influence in proving the facts, rather than decision-making. The child may tell the researcher or the judge that abused them parents or if they have fears of parents. The child may tell the researcher father makes negative or disparaging comments about a father in front of the child. The child can make complaints concerning parental alienatation.

Children usually fail to make a decision about legal custody. Legal custody means that gets to take decisions relating to religion, education, social development, activities and medical decisions. Legal custody will be either Sole custody to one parent or common to both parents custody.

Preference of the child child custody matters can play a role in the divorce of Rhode Island, paternity, several requests for custody, DCYF, movements to modify custody disputes or placement and the visitation. Children have no real child support cases influence.

Rules of professional responsibility RI Rhode Island lawyers legal notice:

The Rhode Island Supreme Justice Court licenses all lawyers and attorneys in general practice of law but not license or certify any attorney or lawyer as an expert or specialist in any field of practice.

David Slepkow is a Rhode Island divorce lawyer to concentrate on divorce, family law, restriction, custody of children, the DCYF, child support, relocation, criminal law, restriction, bodily injury and car orders orders / car accidents. David has been practicing since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free initial consultations. Credit cards accepted.

You can contact the lawyer David Slepkow going to Rhode Island lawyers / attorneys or by calling at 401-437-1100.
Also visit: Rhode Island Divorce Act