East Providence, RI asked in Family Law and Child Custody for Rhode Island

Q: Can I request being assigned the custodial parent since I am able to provide for my daughter without state assistance?

The mother of my child is on state help (section 8/neighborhood health etc.). The state of RI on her behalf came after me to provide the health insurance for the child through my job, which I did. Now the child support was never adjusted taking insurance into consideration. Am I able to have the State of RI on my behalf request changing me to the custodial parent since I am able to provide for my daughter without any assistance from the state? Like they did for the health insurance? I currently have 46% custody during the school year and 50% in the summer. Thank you.

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1 Lawyer Answer
Carl P. DeLuca
Carl P. DeLuca
Answered
  • Divorce Lawyer
  • Warwick, RI
  • Licensed in Rhode Island

A: I don't think the state will do that for you but you can ask the Rhode Island Family Court to make the change in placement and they will do so if it is in the best interests of the child. In addition, if you have the child half the time or close to half the time, you could ask the court to use the shared placement formula to calculate your child support which would likely reduce the support you have to pay.

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