Client is the father of minor-child. Minor-child is living with her mother in an apartment that client feels is unsafe and unsuitable for a child. Client has concerns about the well-being of his daughter, and decides to hire Rhode Island child custody lawyer Noah Kilroy to petition the court for child custody. Attorney Kilroy conducts an investigation and learns that minor-child is living in an over-crowded apartment full of drug addicts- one of them being minor-child’s mother. Moreover, it is discovered that minor-child was being asked by her mother to steal from department stores, so that her mother could sell the stolen merchandise to support her drug habit. Attorney Kilroy then petitions the court seeking to have physical custody of minor-child terminated with mom and have minor-child placed with dad.
In Rhode Island, the court, when making a child custody termination between biological parents, will consider the best interest of the child. The best interest of the child is determined by considering what are called- The Pettinato Factors. When contemplating The Pettinato Factors, the court will consider:
1.) The stability of the child’s home environment;
2.) The wishes of the child’s parent or parents regarding the child’s custody;
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 reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
5.) The child’s adjustment to the child’s home, school, and community;
6.) The mental and physical health of all individuals involved in dispute;
7.) The moral fitness of the child’s parents; and,
8.) The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.
After Attorney Noah Kilroy presented all of the evidence showing that minor-child was in danger, the court ruled that it was in the best interest of the child for our Client to have physical custody of his child, and not mom. Attorney Kilroy was also able to get the court to rule that mom was to pay our Client child-support for the care of minor-child.
If you are dealing with a child custody or family law matter, contact our offices to schedule a free consultation with an experienced Rhode Island child custody attorney. We are here to help you!