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In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
If an older child such as a 15, 16 or 17 year old has a preference and that opinion is expressed to the Judge, Court Investigator or Guardian ad Litem than the judge will usually respect the child's desire. There are some exceptions to an older child's decision being decisive.
Rhode Island Custody LawsParents can reach custody agreements on their own or through mediation. A judge will review any custody agreement to ensure that it serves a child's best interests. If it does, a judge will enter the custody agreement as a court order.
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.
An unmarried mother has sole physical and legal custody of her child if there has been no acknowledgment of paternity by the biological father. Sole physical and legal custody means that the mother is the residential custodian and primary caretaker of the child.
Father's Rights to Child Custody and VisitationFathers in Rhode Island have an equal right to custody of their child as mothers do. When a judge begins his or her evaluation, the mother and father are regarded as equal, and the court looks at several factors to determine the custody arrangement.
A resident parent has precisely no powers to demand a child is with them other than going through the courts they are in exactly the same position as a non resident parent.
Technically, if there are NO Court orders, it is not illegal to relocate your child out of the State of Rhode Island without the other parent's consent. This is not kidnapping. However, you must notify the other parent where you are relocating to.