Can You Change a Custody Order in RI?
Yes — custody orders in Rhode Island can be modified, but the court requires a “substantial change in circumstances” to even consider it. This is to protect the best interests of the child while ensuring stability.
Valid Reasons to Request a Custody Modification
Some common reasons the court may consider include:
- One parent plans to relocate or has already moved
- A significant change in work schedule or availability
- Concerns about child safety or neglect
- A parent fails to comply with the existing order
- The child’s needs or preferences have evolved with age
The court doesn’t modify custody lightly, so it’s important to document the change and explain why it impacts the child’s wellbeing.
Check out our FAQ page for more information.
The Process for Requesting a Custody Change
The first step is to file a Motion to Modify Custody in Family Court. Both parents will then have the opportunity to present evidence at a hearing. In some cases, mediation may be required or recommended before the matter proceeds to trial.
While you can file without a lawyer, navigating this process alone can be difficult — especially if the other parent disagrees with the change.
What the Court Considers When Reviewing a Modification
Rhode Island courts always prioritize the best interests of the child. Judges will consider:
- The child’s relationship with each parent
- The stability of each home environment
- Each parent’s ability to meet the child’s emotional and physical needs
- Any history of substance abuse, domestic violence, or neglect
- How the proposed change will affect the child’s routine and wellbeing
Even if both parents agree to a change, the court must approve it for the order to be enforceable.
How a Family Law Attorney Can Help
A skilled Rhode Island family law attorney can:
- Evaluate whether you meet the legal threshold for modification
- Help you gather and present evidence
- Represent you in court or mediation
- Ensure your rights — and your child’s best interests — are protected
At Almagno Law, we understand how sensitive and stressful custody issues can be. We take a compassionate but strategic approach to helping families through this process.
Need to Modify a Custody Order? Contact Almagno Law Today
If your situation has changed and you need to revisit your custody arrangement, don’t go it alone. Almagno Law is here to guide you through every step of the process.
Call today to book a confidential consultation and learn more about your legal options.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.