Mothers’ Rights in Rhode Island

Over 25 Years Fighting for Families in Rhode Island Family Court

Rhode Island Family Court doesn’t favor mothers over fathers when deciding custody. The state abolished the tender years doctrine, which once presumed young children belonged with their mothers, and replaced it with a gender-neutral standard that applies equally to both parents. A mother who assumes the court will automatically side with her is taking a risk she doesn’t need to take. Building an evidence-based case is the better path, and that’s where we come in.

At Moyer Law, PC, we focus entirely on family law. Attorney Don P. Moyer founded the firm in Warwick in 1996 and has spent over 25 years handling custody, divorce, and parenting-time matters in Rhode Island Family Court. He has worked through thousands of family law cases, and he personally handles every file that comes through our office.

If you’re facing divorce or a custody dispute in Rhode Island, call us at (401) 305-2934 to speak directly with Attorney Moyer about your situation.

Why Mothers in Rhode Island Retain Moyer Law, PC

Attorney Moyer is a Warwick native who has practiced in Rhode Island Family Court throughout his career, including the Kent County Family Court in Warwick, which serves Warwick and Cranston, and the Providence County Family Court. That familiarity with local courts and judges matters when positioning your case. Your file won’t be handed off to a less experienced attorney.

Moyer Law, PC holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-review rating available, and an Avvo Clients’ Choice recognition. These reflect the professional reputation Attorney Moyer has built over a career spent exclusively in Rhode Island family law.

How Rhode Island Courts Decide Custody: The Pettinato Factors

Custody decisions in Rhode Island are governed by the best-interests-of-the-child standard, codified at R.I. Gen. Laws Section 15-5-16. The Rhode Island Supreme Court’s decision in Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990), established eight specific factors that Family Court judges must weigh in contested custody cases. No single factor controls the outcome. Judges consider all eight based on the family’s particular circumstances.

Understanding these factors is essential to building your case:

• The wishes of each parent regarding custody
• The child’s reasonable preference, given sufficient maturity
• The child’s relationships with parents, siblings, and others who significantly affect the child’s interests
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• The stability of the child’s home environment
• Each parent’s moral fitness
• Each parent’s willingness and ability to support a close relationship between the child and the other parent

A child’s stated preference is considered but isn’t controlling at any fixed age. Judges give it increasing weight as the child matures. Rhode Island also has no presumption of joint or equal physical custody in contested cases. The court constructs a parenting schedule based on the evidence presented at hearing.

Legal Custody, Physical Custody, & Temporary Orders

Legal custody covers decision-making authority over a child’s education, medical care, and religious upbringing. Physical custody, sometimes called placement, determines where the child lives day to day. These are separate determinations, and a mother may have different outcomes on each depending on her circumstances. Joint legal custody requires shared decision-making between both parents. Sole legal custody places that authority with one parent.

While a divorce is pending, the court can enter temporary custody and parenting-time orders that govern placement until the final decree. These interim orders matter because they often set the practical baseline the court looks at later. If both parents agree on a parenting plan, the court can incorporate it without a contested hearing. When they don’t, a judge applies the Pettinato best-interests analysis to build the schedule.

Child support and parenting time are treated as separate legal matters in Rhode Island. A parent’s failure to pay or receive child support doesn’t by itself affect custody or visitation rights.

Protect Your Parenting Rights Before Decisions Are Made Without You

Custody arrangements established early in a case can be difficult to undo. Waiting to retain counsel means decisions about your child’s living situation, school placement, and parenting schedule may be set in motion without your full participation. We represent mothers throughout Rhode Island in custody and parenting-time matters, from initial filings through contested hearings.

Call Moyer Law, PC at (401) 305-2934 to speak with Attorney Moyer about your case. We can help you understand where you stand under Rhode Island law and what it can take to protect your relationship with your child.