Rhode Island Minor Guardianship is a legal process that allows a responsible adult to be appointed by a court to manage the legal affairs and personal care of a minor child. This process is commonly used when a child’s parents are unable to care for him or her due to death, illness, or other circumstances. There are two types of Rhode Island Minor Guardianship: General Guardianship and Limited Guardianship. General Guardianship gives the guardian extensive decision-making authority over the minor's financial and personal affairs, while Limited Guardianship is more restrictive and limits the guardian's decision-making authority to specific areas. Both types of guardianship require a court hearing where the guardian can be appointed and certain conditions of the guardianship can be set. The guardian must then file an annual report with the court and is responsible for the minor's well-being.
Rhode Island Minor Guardianship
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FAQ
The guardian's authority may include the right to make health care decisions, the right to decide what relationships the ward may have and with whom, the right to decide where the ward will reside, and the right to control the ward's finances.
Child custody decisions are usually determined by the Providence Family Court judge or general magistrate whose primary concern is determining placement with the parent who serves the best interest of the children involved.
Rhode Island law says that fathers have a right to have parenting time with their kids. However, the father needs to be deemed a fit parent by the court. Furthermore, fathers also have a right to be with their children regularly, frequently and for a duration of time.
There is no set age when a child can decide to live with their mother or father in a Rhode Island Child Custody Case.
Parents as joint natural guardians ? Releases. (a) The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children.
Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.
There is no set age when a child can decide not to visit with the other parent; when determining visitation, the Court will ultimately have to decide what is in the best interest of the child.
The State of Rhode Island is not a 50/50, or community property, state. It is what's known as an equitable distribution state. So, when a Rhode Island court rules on the allocation of assets, they are not necessarily divided equally between the two parties.