The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.

The RI Family court must determine what is in the “best interest of the child” This is very subjective and analytical standard.

Please contact a Rhode Island Divorce Business Lawyer Colorado or RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case.

There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children

“This [C]ourt has held that child-custody awards must be made in the ‘best interest[s]‘ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id.

Several factors must be taken into consideration by the Judge in making a best interests of the child determination.

However, no single factor is determinative; rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.”

Among the factors the court must consider are the following:

“1. The wishes of the child’s parent or parents regarding the child’s custody. “2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. “3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may Significantly affect the child’s best interest. “4. The child’s adjustment to the child’s home, school, and community. “5. The mental and physical health of all individuals involved. “6. The stability of the child’s home environment. “7. The moral fitness of the child’s parents. “8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.” Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).

If a parent is trying to modify an existing Child Custody determination / Family Court Order then that parent must also prove a substantial change in circumstances since the last custody order. The Rhode Island Supreme Court ruled “Moreover, before a final custody decree can be reopened or amended, the moving party must establish by a fair preponderance of the evidence that the conditions or circumstances existing at the time the decree was entered have so changed that it should be modified in the interest of the children’s welfare.” Pettinato v. Pettinato “Until and unless the moving party meets this burden, the prior custody award should remain intact.” Id.

There is often conflicting allegations and factual disagreements concerning the above listed factors. Therefore, the Rhode Island Family Court relies heavily on psychologist, Psychiatrist, social workers, dcyf report and the opinions of the Guardian ad Litem for the minor child.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all Business Lawyer Colorados and attorneys in the general practice of law, but does not license or certify any Business Lawyer Colorado / attorney as an expert or specialist in any field of practice.

mstances the last order of custody. Rhode Island Supreme Court stated: “In addition, before a final custody decree may be reopened or modified mobile telephone to establish a fair preponderance of evidence that conditions or circumstances existing at the time the decree was entered have so changed to be modified in the interest of well-being of children. “V. Pettinato Pettinato” So unless the moving party meets this burden, custody award must remain intact. “

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If you have read John Grisham’s books before, then you are undoubtedly familiar with the usual characteristics of his books.  There is usually a murder, a good amount of legal issues which follow, and then some type of unpredicted resolution.  Being a Business Lawyer Colorado himself, John Grisham is an expert at plotting a legal thriller and masterfully writing it down on paper. 
rn 
rnGrisham’s book A Painted House has a completely different feel to it than many of his legal thrillers.  While many of his books take place in big cities with rich, big city Business Lawyer Colorados, this book takes place in rural Arkansas with an extremely poor family.  A Painted House revolves around a young boy named Luke who lives with his parents and grandparents on a large farm.  They grow cotton every season and sell it to the local cotton gin/mill in order to make money to live off of for the entire year. 

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In order to pick the acres and acres of cotton on their farm, Luke’s family must rely on hiring Mexicans and “hill people” who show up every season to make money.  In the book, the Spruill family comes down from the hills to help Luke’s family, and they are led by a loud-mouth, mountain-of-a-man named Hank.  He has a bad attitude and will fight at any given time.  The Mexicans in this story are mild mannered and work hard.  However, they also have a questionable character in their group named Cowboy who ends up possibly having relations with Hank’s teenage sister. 

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Luke has a bad feeling about Hank and Cowboy.  Hank loves to fight and Cowboy carries a switchblade at all times.  When the two eventually fight, Cowboy brutally kills Hank and throws him in a river, never to be seen again.  No one knows what happened to Hank except for young Luke, who Cowboy threatens to kill if Luke ever tells of the murder. 

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Before his meeting with Cowboy, Hank finds several people to beat up.  He fights three local boys at the same time when Luke’s family goes to town one Saturday, and ends up hurting them all critically if not killing them.  He also fights a traveling “world’s strongest man” type of wrestler at the local fair, and nearly kills him as well.  Hank makes a name for himself in all the wrong ways, and the town’s sheriff is itching for evidence to arrest him.  However, Hank makes an effort to leave town before the law catches up with him.   

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Luke is portrayed as innocent and inexperienced in this novel.  He has dreams of playing Major League Baseball one day for the Cardinals, and develops a crush on Hank’s younger sister who he sneaks off with several times.  Luke is punished often while he takes naps when he is supposed to be picking cotton, or when he asks too many questions about topics he is too young to know about.  He is also extremely proud about his brother who is off fighting at war, and will defend at any cost.  Especially when he finds out that his brother has an illegitimate child with the town’s most disgraceful family. 

rn

This book is definitely a page-turner.  While a story about a country family whose job is to pick cotton may sound slightly boring, it is actually very entertaining.  Grisham has intertwined numerous smaller stories together flawlessly in a book that is different than anything he has ever written.  A Painted House has a calm flow while reading it, but every time Cowboy and Hank step into the picture, you can feel the tension and your heart starts to race.  This book is rated 4.5 out of 5. 

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