⚖️ The 8 Pettinato Factors: What Rhode Island Judges Actually Look at in Custody Cases
If you’re in a Rhode Island custody battle, you’ve probably heard people throw around the phrase “best interest of the child.” But what does that actually mean?
Rhode Island courts don’t wing it—they rely on 8 specific legal factors, called the Pettinato factors, to decide who gets custody and what the parenting schedule should look like.
Let’s break down each one—in plain English—so you know what really matters in Family Court.
1️⃣ The Wishes of the Parents
What it means: What each parent wants in terms of custody, visitation, or placement.
Judges want to know: Are you asking for full custody? Joint custody? Do you want alternating weekends or a 50/50 split?
🧠 Pro Tip: Be clear and reasonable in your ask. Judges don’t respond well to vague or overly aggressive demands.
2️⃣ The Wishes of the Child
What it means: If your child is mature enough (usually age 12+), the court may consider their opinion.
That doesn’t mean the child gets to choose—but their voice can be a factor.
🧠 Pro Tip: Do NOT pressure or coach your child. Judges can spot it from a mile away, and it often backfires.
3️⃣ The Relationship Between the Child and Each Parent
What it means: Who feeds them, helps with homework, takes them to appointments, and actually shows up day to day.
Quality and quantity both matter.
🧠 Pro Tip: Keep a parenting log. Document pickups, school involvement, medical visits, etc. That’s powerful evidence.
4️⃣ The Child’s Adjustment to Home, School, and Community
What it means: Courts want to minimize disruption. Is the child thriving where they are? Changing custody could shake that up.
Judges prefer stability—especially during school years.
🧠 Pro Tip: If you’re planning to move, be ready to explain how the new environment will benefit the child—not just you.
5️⃣ The Mental and Physical Health of All Parties
What it means: A parent’s physical or mental health can affect their ability to care for a child.
It’s not about perfection. It’s about being stable, safe, and reliable.
🧠 Pro Tip: If you’re in therapy or treatment, that’s not a weakness. It shows growth and responsibility.
6️⃣ The Parent Most Likely to Foster a Relationship with the Other Parent
What it means: The court wants to see that you’re willing to co-parent—not control the situation or use the child as leverage.
This factor carries a lot of weight in RI custody cases.
🧠 Pro Tip: Don’t badmouth the other parent, especially in court. Judges value cooperation more than “winning.”
7️⃣ The Stability of the Home Environment
What it means: Judges consider:
Where you live
Who else lives with you
Your job situation
Your daily routine
It’s not about income—it’s about consistency and safety.
🧠 Pro Tip: Even if you’re not in your “forever home,” show the court that your child has structure and routine.
8️⃣ The Moral Fitness of the Parent
What it means: This includes criminal history, substance abuse, domestic violence, or other behavior that could impact your parenting.
Judges do look into your background—and sometimes your social media.
🧠 Pro Tip: Clean it up. Online, offline, all of it. Be the version of yourself that reflects stability and maturity.
⚠️ Bonus Reality Check: No One Factor Wins the Case
Rhode Island judges consider all of the Pettinato factors—there’s no magic bullet. Even if one parent makes more money or has a bigger house, that doesn’t automatically decide custody.
The goal is the best long-term outcome for the child.
👨⚖️ Need Help Navigating a Custody Case in Rhode Island?
At Cardona & Perez Law, we help parents:
Understand and prepare for each Pettinato factor
Gather strong documentation and evidence
Present a clear, focused custody plan in court
Fight for parenting time that truly serves the child’s best interest
📞 Schedule Your Custody Strategy Session
➡️ Call (401) 475-5436
➡️ Email: ben@cardonaperezlaw.com
➡️ Or book a consultation online
Whether you’re filing for custody or modifying a current order, we’ll help you show the court what really matters: that you’re the parent your child needs.