"Placement" is sometimes confused with custody by laypeople due to its common everyday usage. However, both words are terms of art in Rhode Island Divorce and Family Law. Placement is the legal right of a parent to have primary physical possession of one or more minor children for a particular time.
Note: Both in its court usage and in Rhode Island Domestic Relations caselaw "placement" is sometimes referred to as "physical custody".
Unless the Department of Children, Youth and Families is involved, there are typically only two placement scenarios. Placement is either solely with one parent or placement is shared between both parents. Joint physical placement of minor children is typically only awarded by the court if the family court judge reasonably believes that such an arrangement is workable and is in the best interests of the minor child(ren).
Placement of the minor children is often by agreement of the parties and approved by the court absent extenuating circumstances where the court may find the arrangement is not in the best interests of the children.
Changes in placement can be made if one of the parties files a Motion for Change of Placement or may be made by the court (sua sponte - at the court's own discretion) if the Rhode Island family court judge believes that the best interests of the minor child(ren) would be served by such a change.
Rhode Island law and Rhode Island Divorce/Family Court judges view the well-being of the minor child(ren) as a paramount concern in domestic relations situations and judges will often take protective measures or issue Orders to protect with the well-being of the minor child(ren).
A request for the change of an established placement routine for one or more child(ren) that is agreed upon by the parents themselves, either by a Consent Order, Judgment, or Marital Settlement Agreement in an uncontested divorce or at a Nominal Divorce hearing is sometimes granted by the court if the changed situation is, in fact, one that will work for the child(ren), has worked successfully for a period of time prior to the request, and can reasonably seen to serve the child(ren)'s best interests.
However, your request for a change in child placement may be (and often is) scrutinized by the Rhode Island Family Court if there isn't a substantial change in circumstances to warrant the change, or if the reason does not sufficiently demonstrate to the court that the change of placement is in the best interests of the child(ren).
Cases involving a contested requests for changes in placement may occur when one spouse that has placement of the child(ren) exhibits behavior that is dangerous or otherwise detrimental to the child(ren). In these cases the court will endeavor to assist the parties to try to reach a resolution that is in the best interests of the minor child(ren) and preserves as much family harmony as possible for the children and between the parents.
Rhode Island family court judges have also ordered a change of placement where the placement parent is resorting to criminal behavior or consorting with those who are engaged in such behavior. Other reasons for ordering a change of placement include alcoholism, drug use, physical abuse, sexual abuse, mental cruelty, a parent's inability or unwillingness to provide for the fundamental needs of the child(ren) or a parent's attempt to remove the children from the state without permission of the court.
It is important to know what you need to do to protect your child and to take the necessary steps not simply at this moment but for the future as well.
It is additionally important to know who is entitled to the tax deductions for the minor children, whether this can be modified by agreement of the parties, and what is required by the Internal Revenue Service and Rhode Island Division of Taxation in order to be able to lawfully take deductions for the minor child whether you are the placement or non-placement parent.
If you are uncertain of the subtleties that may be associated for good legal arguments in your favor before the Rhode Island Family Courts, a divorce and family law coaching session may be just what you need to become informed so that you can make the best possible decision for your life and the life of your child.