How is legal custody determined?

Legal custody in Rhode Island is determined by the court in a family matter situation of a divorce or separation. When it comes to legal custody, the court’s main concern is to do what is in the best interest of the child. The court will take into consideration a variety of factors when determining legal custody, such as each parent’s emotional relationship and attachment to the child, the child’s preference in primary caregiver, each parent’s ability to provide a stable environment for the child, and the amount of time the parents have been actively involved in the child’s life. When determining which parent will have primary legal custody, the court will also consider factors such as the child’s relationship with each parent, each parent’s involvement in the child’s educational and extra-curricular activities, and any history of child abuse or neglect. The court may also consider things such as the ability of each parent to provide for the child’s financial, emotional and physical needs. Additionally, the court may also take into consideration any substance abuse or mental health issues within the family. In cases where the parents are unable to agree on a legal custody arrangement, the court is forced to make a decision based on several factors and then issue an appropriate order. In the event that the court finds both parents to befit and suitable for legal custody, the court may order joint legal custody, which serves as a favorable outcome for all parties involved.

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