AN ACT RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION (Creates the rebuttable presumption that joint legal custody and shared placement is in the best interest of the child and create a mechanism in constructing a parenting plan should the court deviate from equal parenting time.)

H7821

2026 -- H 7821
========
LC005067
========

STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

Introduced By:
Representative Charlene Lima

Date Introduced:
February 26, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 15-5-16 of the General Laws in Chapter 15-5 entitled "Divorce and
2
Separation" is hereby amended to read as follows:
3

15-5-16. Alimony and counsel fees — Custody of children.
4
(a) In granting any petition for divorce, divorce from bed and board, or relief without the
5
commencement of divorce proceedings, the family court may order either of the parties to pay
6
alimony or counsel fees, or both, to the other.
7
(b)(1) In determining the amount of alimony or counsel fees, if any, to be paid, the court,
8
after hearing the witnesses, if any, of each party, shall consider:
9
(i) The length of the marriage;
10
(ii) The conduct of the parties during the marriage;
11
(iii) The health, age, station, occupation, amount and source of income, vocational skills,
12
and employability of the parties; and
13
(iv) The state and the liabilities and needs of each of the parties.
14
(2) In addition, the court shall consider:
15
(i) The extent to which either party is unable to support herself or himself adequately
16
because that party is the primary physical custodian of a child whose age, condition, or
17
circumstances make it appropriate that the parent not seek employment outside the home, or seek
18
only part-time or flexible-hour employment outside the home;
19
(ii) The extent to which either party is unable to support herself or himself adequately with

1
consideration given to:
2
(A) The extent to which a party was absent from employment while fulfilling homemaking
3
responsibilities, and the extent to which any education, skills, or experience of that party have
4
become outmoded and his or her earning capacity diminished;
5
(B) The time and expense required for the supported spouse to acquire the appropriate
6
education or training to develop marketable skills and find appropriate employment;
7
(C) The probability, given a party’s age and skills, of completing education or training and
8
becoming self-supporting;
9
(D) The standard of living during the marriage;
10
(E) The opportunity of either party for future acquisition of capital assets and income;
11
(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s
12
earning capacity, earned and unearned income, assets, debts, and standard of living;
13
(G) Any other factor which the court expressly finds to be just and proper.
14
(c)(1) For the purposes of this section, “alimony” is construed as payments for the support
15
or maintenance of either the husband or the wife.
16
(2) Alimony is designed to provide support for a spouse for a reasonable length of time to
17
enable the recipient to become financially independent and self-sufficient. However, the court may
18
award alimony for an indefinite period of time when it is appropriate in the discretion of the court
19
based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been
20
entered, the court may from time to time upon the petition of either party review and alter its decree
21
relative to the amount and payment of the alimony, and may make any decree relative to it which
22
it might have made in the original suit. The decree may be made retroactive in the court’s discretion
23
to the date that the court finds that a substantial change in circumstances has occurred; provided,
24
the court shall set forth in its decision the specific findings of fact which show a substantial change
25
in circumstances and upon which findings of facts the court has decided to make the decree
26
retroactive. Nothing provided in this section shall affect the power of the court as subsequently
27
provided by law to alter, amend, or annul any order of alimony previously entered. Upon the
28
remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall
29
automatically terminate at once.
30
(d)
(1) The family court shall determine custody in accordance with the best interest of the
31
child. Equal consideration shall be given to each parent, as defined in chapter 8.1 of title 15. There
32
shall be a rebuttable presumption, rebuttable by a preponderance of evidence, that joint legal
33
custody and equally shared parenting time is in the best interest of the child. If a deviation from
34
equal parenting time is warranted, then the court shall construct a parenting time schedule which

LC005067 - Page 2 of 7
1
maximizes the time each parent has with the child and is consistent with ensuring the child’s
2
welfare. The court shall consider all relevant factors that are in the best interest of the child
3
including, but not limited to:
4

(i) The requests of the child’s parent regarding the child’s custody;
5

(ii) The reasonable preference of the child, if the court deems the child to be of sufficient
6
intelligence, understanding, and experience to express a preference;
7

(iii) The interaction and interrelationship of the child with the child’s parent or parents, the
8
child’s siblings, and any other person who may significantly affect the child’s best interest;
9

(iv) The child’s adjustment to the child’s home, school, and community;
10

(v) The mental and physical health of all individuals involved;
11

(vi) The stability of the child’s home environment;
12

(vii) The moral fitness of the child’s parent or parents; and
13

(viii) The willingness and ability of each parent to facilitate a close and continuous parent-
14
child relationship between the child and the other parent.
15

(A) The family court may consider any other factor not enumerated in subsection (d)(1)(i)
16
through (d)(1)(iii) of this section that are relevant to the best interest of a child in a particular case.
17
The family court shall determine the appropriate weight assigned to each factor based on the
18
particular circumstances of the case when considering the best interest of the minor child.
19

(B) A parent, not granted joint legal custody of the child or shared parenting time pursuant
20
to the presumption provided in subsection (a) of this section, shall be entitled to reasonable rights
21
of visitation unless the court finds, after a hearing, that visitation would seriously endanger the
22
child’s physical, mental, moral, or emotional health or as provided in subsection (d)(4) of this
23
section. Upon request of either party, the court shall issue orders which are specific as to the
24
frequency, timing, duration, conditions, and method of scheduling visitation which take into
25
consideration the development age of the child.
26

(1)
(2)
In regulating the custody of the children, the court shall provide for the reasonable
27
right of visitation by the natural parent not having custody of the children, except upon the showing
28
of cause why the right should not be granted or as provided in subdivision 15-5-16(d)(4). The court
29
shall mandate compliance with its order by both the custodial parent and the children. In the event
30
of noncompliance, the noncustodial parent may file a motion for contempt in family court. Upon a
31
finding by the court that its order for visitation has not been complied with, the court shall exercise
32
its discretion in providing a remedy, and define the noncustodial parent’s visitation in detail.
33
However, if a second finding of noncompliance by the court is made, the court shall consider this
34
to be grounds for a change of custody to the noncustodial parent.

LC005067 - Page 3 of 7
1

(2)
(3)
In regulating the custody and determining the best interests of children, the fact that
2
a parent is receiving public assistance shall not be a factor in awarding custody.
3

(3)
(4)
A judicial determination that the child has been physically or sexually abused by the
4
natural parent shall constitute sufficient cause to deny the right of visitation. However, when the
5
court enters an order denying visitation under this section, it shall review the case at least annually
6
to determine what, if any, action the parent has taken to rehabilitate himself or herself and whether
7
the denial of visitation continues to be in the child’s best interests.
8

(4)
(5)
No person shall be granted custody of or visitation with a child if that person has
9
been convicted under or pled nolo contendere to a violation of §§ 11-37-2, 11-37-4, or 11-37-8.1
10
or other comparable law of another jurisdiction, and the child was conceived as a result of that
11
violation; unless after hearing the family court finds that the natural mother or legal guardian
12
consents to visitation with the child, and the court determines that visitation is in the best interest
13
of the child, then the court may order supervised visitation and counseling.
14

(5)
(6)
The court may order a natural parent who has been denied the right of visitation due
15
to physical or sexual abuse of his or her child to engage in counseling. The failure of the parent to
16
engage in counseling, ordered by the court pursuant to this section, shall constitute sufficient cause
17
to deny visitation.
18
(e) In all hearings regarding denial of visitation, the court shall make findings of fact.
19
(f) This chapter does not affect the right of the family court to award alimony or support
20
pendente lite.
21
(g)(1) Notwithstanding the provisions of this section and § 15-5-19, the court, when
22
making decisions regarding child custody and visitation, shall consider evidence of past or present
23
domestic violence. Where domestic violence is proven, any grant of visitation shall be arranged so
24
as to best protect the child and the abused parent from further harm.
25
(2) In addition to other factors that a court must consider in a proceeding in which the court
26
has made a finding of domestic or family violence, the court shall consider as primary the safety
27
and well-being of the child and of the parent who is the victim of domestic or family violence. The
28
court shall also consider the perpetrator’s history of causing physical harm, bodily injury or assault
29
to another person.
30
(3) In a visitation or custody order, as a condition of the order, the court may:
31
(i) Order the perpetrator of domestic violence to attend and successfully complete, to the
32
satisfaction of the court, a certified batterer’s intervention program;
33
(ii) Order the perpetrator to attend a substance abuse program whenever deemed
34
appropriate;

LC005067 - Page 4 of 7
1
(iii) Require that a bond be filed with the court in order to ensure the return and safety of
2
the child;
3
(iv) Order that the address and telephone number of the child be kept confidential;
4
(v) Order an exchange of the child to occur in a protected setting, or supervised by another
5
person or agency; provided that, if the court allows a family or household member to supervise
6
visitation, the court shall establish conditions to be followed during visitation;
7
(vi) Order the perpetrator of domestic violence to abstain from possession or consumption
8
of alcohol or controlled substances during the visitation; and
9
(vii) Impose any other condition that is deemed necessary to provide for the safety of the
10
child, the victim of domestic violence, or other family or household member.
11
(4) “Domestic violence” means the occurrence of one or more of the following acts
12
between spouses or people who have a child in common:
13
(i) Attempting to cause or causing physical harm;
14
(ii) Placing another in fear of imminent serious physical harm;
15
(iii) Causing another to engage involuntarily in sexual relations by force, threat of force, or
16
duress.
17
(5) In every proceeding in which there is at issue the modification of an order for custody
18
or visitation of a child, the finding that domestic or family violence has occurred since the last
19
custody determination constitutes a prima facie finding of a change of circumstances.
20
(6) The fact that a parent is absent or relocates because of an act of domestic or family
21
violence by the other parent shall not weigh against the relocating or absent parent in determining
22
custody and visitation.
23
(7) A party’s absence, relocation, or failure to comply with custody and visitation orders
24
shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the
25
reason for the absence, relocation, or failure to comply is the party’s activation to military service
26
or deployment out of state.
27
(h) If there is no existing order establishing the terms of parental rights and responsibilities
28
or parent-child contact and it appears that deployment or mobilization is imminent, upon motion
29
by either parent, the court shall expedite a hearing to establish temporary parental rights and
30
responsibilities and parent-child contact to ensure the deploying parent has access to the child, to
31
ensure disclosure of information, to grant other rights and duties set forth herein, and to provide
32
other appropriate relief. Any initial pleading filed to establish parental rights and responsibilities
33
for or parent-child contact with a child of a deploying parent shall be so identified at the time of
34
filing by stating in the text of the pleading the specific facts related to deployment.

LC005067 - Page 5 of 7
1
SECTION 2. This act shall take effect upon passage.
========
LC005067
========

LC005067 - Page 6 of 7
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION
***
1
This act would create the rebuttable presumption that joint legal custody and shared
2
physical placement is in the best interest of the child. This act would also create a mechanism for
3
the family court to use in constructing a parenting plan should the court deviate from equal
4
parenting time.
5
This act would take effect upon passage.
========
LC005067
========

LC005067 - Page 7 of 7