Christopher E. Heberg, Attorney at Law

08/27/2026

When parents disagree over child custody, emotions can run high—particularly when one parent believes the other is making choices that jeopardize their child's safety or well-being. Parents sometimes describe these concerns by saying that the other parent is “unfit.” A finding that a parent is actually “unfit”, is very unusual and rarely made, and is far more nuanced than deciding whether one parent deserves that particular label. Legal “unfitness” is a standard that most often simply cannot be met.



The Rhode Island Family Court's paramount consideration in determining custody is the best interests of the child. That means the court considers the child's overall welfare and the circumstances of the family rather than simply deciding which parent is better or which parent has made mistakes.

Serious concerns involving abuse, neglect, substance abuse, domestic violence, instability, or dangerous behavior can have a substantial effect on custody.

When parents disagree over child custody, emotions can run high—particularly when one parent believes the other is making choices that jeopardize their child'

06/03/2026

Child support orders are intended to provide financial stability for children after a divorce or separation. However, circumstances often change over time. A parent may lose a job, receive a substantial raise, experience medical issues, or begin spending significantly more time with the child than originally anticipated. When these situations arise, an existing child support order may no longer reflect the family’s current financial reality.

Under Rhode Island law, child support orders can be modified if the Court finds that there has been a “substantial change in circumstances”, but parents must follow the proper legal process in order to initiate an action through the Rhode Island Family Court.



Child Support Does Not Automatically Adjust

One of the most important things parents should understand is that child support orders do not automatically change when circumstances change.

Child support orders are intended to provide financial stability for children after a divorce or separation. However, circumstances often change over time. A pa

05/06/2026

Alimony, often referred to as spousal support, is intended to provide financial stability following a divorce. However, life circumstances rarely remain the same. In Rhode Island, alimony orders are almost never modifiable. This is because the vast majority of people agree to a settlement that includes non-modifiable alimony.

However, if in the unusual circumstance your settlement agreement allows for modifiable Alimony, then generally it can only be modified, or terminated, when there has been a meaningful change in the financial or personal circumstances of either party.

If your divorce is resolved through a contested trial and a Judge issues a decision, then Alimony is always modifiable. However, these types of cases are also infrequent, as the vast majority of litigants resolve their disputes by agreement.

Alimony, often referred to as spousal support, is intended to provide financial stability following a divorce. However, life circumstances rarely remain the sam

04/03/2026

After a divorce or child custody order is in place, one parent may consider relocating for a new job, family support, or a fresh start. However, moving with a child can significantly affect existing custody and parenting time arrangements. In Rhode Island, relocation is not something a parent can simply decide on their own when it impacts the other parent’s rights. Courts closely review these situations to ensure that any proposed move serves the child’s best interests. This article explains how relocation impacts custody and what parents should know before making a move.



Do I Need Permission to Relocate with My Child?

In Rhode Island, a parent generally cannot relocate with a child if the move would interfere with the other parent’s court-ordered parenting time—unless the other parent agrees or the court approves the relocation.