Select your state

Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Rhode Island, the family court takes into account a child's preference regarding which parent's home will be the primary residence after divorce or separation, particularly when the child is of sufficient age and capacity to form an intelligent preference. While there is no specific age set by statute, it is commonly understood that the preferences of children around the age of 12 to 14 may be given more consideration. However, the court's primary concern is the best interest of the child, and this standard will guide the decision-making process. The child's preference is just one of many factors the court will consider, and it is not determinative. The relevant statutes can be found within the Rhode Island General Laws under Title 15, which pertains to Domestic Relations, and more specifically, the sections dealing with child custody and welfare.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Rhode-Island State Code

Rhode-Island State Code

Child custody

child's choice on where to live

Articles