Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.
The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.
In Rhode Island, either parent has the right to petition the court to modify a child custody order. This can be done if there is a substantial change in circumstances that significantly affects the child's well-being or the situation of either parent. Such changes might include relocation, changes in employment, health issues, or other factors that impact the ability to provide a stable environment for the child. The petition to modify custody is typically filed in the same court where the original divorce and custody decisions were made. However, if the child has since moved to a different county or state, the petition may need to be filed in the jurisdiction where the child currently resides. Rhode Island courts will consider the best interests of the child when deciding whether to grant a modification to the custody order.