It is important to note that the law regarding custody of a child born to unmarried parents recently changed. Specifically, the Rhode Island Uniform Parentage Act (“RIUPA”) was signed into law in July 2020, and was effective as of January 1, 2021. RIUPA replaced the Uniform Law on Paternity by creating new ways to establish parentage of a child. The term “parentage” means that you are considered to be a legal parent of a child for all purposes, including child custody.
The new Act provides that Rhode Islander parents can establish their parentage in any of the following ways:
- Giving birth (except for cases where people are acting as surrogates);
- Adoption;
- Acknowledgment;
- Specifically, parents can voluntarily acknowledge the parentage of a child by both signing a form from the Rhode Island Department of Health known as a Voluntary Acknowledgement of Parentage (“VAP”);
- Adjudication;
- Presumption, which includes the marital presumption that any child born during a marriage is presumed to be a child of the marriage;
- Genetic connection;
- De facto parentage;
- Assisted reproduction; and/or
- Gestational carrier agreement.
It is important to note that Rhode Island has a process in place where paternity must be established first, before a father’s name may be added to the birth certificate. As such, if both parents are on the birth certificate, then custody of the child will be determined by either agreement between the parents or by court intervention in the form of a child custody case.
Can an Unmarried Father Take a Child from the Mother?
In short, it depends on the facts and circumstances of each particular custody case. Once again, until an unmarried father has established paternity, a mother has all of the legal rights and responsibilities that come along with being a parent. This means that the mother may move the child wherever she deems to be in the best interest of her child.
When it comes to an unmarried father taking a child away from the mother, there will have to be a finding that doing so is in the child’s best interests. Historically, family laws were stacked against fathers who sought to establish paternity and obtain physical and legal custody of their children, especially in cases where they were seeking sole custody and to remove the mother from the picture.
However, both state family laws and courts have now become more unbiased when it comes to granting a father legal or physical custody of their child. It is important to note that child custody decisions in Rhode Island will always be based on the child’s best interest standard.
The child’s best interest standard is a legal standard recognized by Rhode Island law that prioritizes a child’s welfare over the wants and desires of the child’s parents. This means that in Rhode Island what is considered to be best for the child will always be placed over the wants and needs of the parents involved.
Once again, family law courts in Rhode Island will only make custody decisions based on what is best for the child. Specifically, the child’s best interest standard may be found at Gen. Laws § 15-7-7(c).
Examples of common factors Rhode Island family law courts use when evaluating a child’s best interest in custody matters include:
- The relationship that each parents has with their child;
- Each parent’s history of interactions with their child;
- Whether or not one parent has been acting as the child’s primary caretaker, and if so, for how long they have been the child’s primary caretaker;
- The child’s attachment and connections to their home, neighborhood, family in the area, and school;
- The mental and physical health of each parent of the child;
- The mental and physical health of the child themselves;
- Each parent’s financial state and their ability to provide for the child;
- Each parent’s residence, including whether or not the child has their own room, etc.;
- Whether or not the child has any special needs, such as physical health, mental, or special medical needs;
- The wishes of the parents, if both parents have agreed to a custody arrangement; and
- The child’s preference, if the child is old enough and capable of stating a preference.
- It is important to note Rhode Island courts will only take a child’s custody preferences into account if the child has enough intelligence, understanding, and experience to express a reasonable preference, which is an objective standard.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
When it comes to custody battles between unmarried parents in Rhode Island, the child custody laws for unmarried parents will play a key role. For instance, if parentage has not been established for the father yet, then the custody of the child will automatically go to the mother, as mentioned above.
However, if parentage has been established by any of the methods listed above, then the child’s best interest standard will be utilized by the Rhode Island family law court in order to determine the child’s best interest. In cases where parentage is contested, such as the presumed father of the child denying parentage, the court will need to intervene in order to determine parentage prior to even beginning a custody battle.
In general, Rhode Island courts presume that a child spending equal time with their parents is in the best interests of the child. In other words, joint physical and legal custody is often presumed to be in the child’s best interests and a favored custody arrangement by family law judges.
A local attorney in Rhode Island is often necessary in order to ensure that a parent’s legal rights are protected during custody matters. Attorneys are needed in order to avoid a lengthy and costly custody battle, as parents in such situations are unable to remain amicable and willing to compromise when determining child custody. An attorney can help a parent avoid a lengthy and expensive custody battle by helping to find a custody arrangement that works for both parents.
What Are Some Other Issues That Unmarried Parents May Experience?
As can be seen the main issue when it comes to unmarried parents and the birth of a child is unestablished parentage. That singular issue impacts many other issues involving a newly born child, including tax implications, decision-making for the child, and setting up child support.
Another issue often encountered is when one parent moves away or when one parent doesn’t reside in the same state as the newly born child. In these cases, the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) will apply.
The UCCJEA states that the child’s home state is the court that has jurisdiction in child custody matters. In general, if a child is born in Rhode Island, then that is considered to be their home state. However, if the child has lived in a different state for six or more months, then Rhode Island may no longer possess jurisdiction to make a custody decision.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are an unmarried parent in Rhode Island and are experiencing any issues related to the birth of a child, such as child custody, it is in your best interests to consult with an experienced Rhode Island child custody lawyer. LegalMatch can assist you with setting up a legal consultation with an experienced attorney in your area.
At an initial consultation, the attorney will then be able to advise you as to what your best course of legal action is when it comes to protecting your parental rights and establishing custody. Further, an attorney will be best suited to helping you adhere to Rhode Island’s specific laws and guidelines regarding child custody.
An attorney will also ensure your child’s best interests are being protected while also ensuring that your parental rights are protected throughout the entire family law case. A child custody attorney will also be able to represent you in court, as needed.
