If you are a parent in Rhode Island who has been charged with a felony, it’s normal to feel anxious about how these legal troubles could affect your relationship with your child. Facing criminal charges raises complex questions about child custody and visitation, and the unfamiliar legal process can feel overwhelming. However, understanding how felony charges influence family court decisions in Rhode Island, and taking practical steps to protect your parental rights, will put you in the best position to maintain a meaningful relationship with your child—regardless of the circumstances you are facing.
How Rhode Island Law Considers Felony Charges in Child Custody Cases
In Rhode Island, family courts base every custody and visitation decision on what is in the best interest of the child. If you are facing a felony charge in Rhode Island, that fact alone does not decide custody. Instead, the judge examines the specific circumstances, including the nature of the alleged offense, your current role as a parent, and any risks posed to your child’s safety or welfare. Rhode Island General Laws § 15-5-16 lists key custody factors, such as the moral fitness of the parents, the stability each parent provides, and any history of abuse or neglect. A felony charge becomes one part of a much larger analysis.
The court may look at criminal records, police reports, and sworn testimony to understand the situation more fully. Crimes that suggest a risk to the child, like those involving family violence or substance abuse, receive closer scrutiny. Less serious or unrelated offenses may carry less influence. The judge always aims to make a custody decision that prioritizes the child’s stability and well-being above all else.
Family courts may also appoint a guardian ad litem (GAL) when a felony charge is involved. The GAL conducts an independent investigation, interviews everyone involved, and recommends custody and visitation arrangements based on the child’s needs. While a felony charge can increase concern, Rhode Island courts remain focused on the broader picture of parenting and the child’s best interests at every stage of the process.
Will You Lose Custody If You Are Charged with a Felony in Rhode Island?
Many parents mistakenly believe that being charged with a felony leads directly to losing custody or visitation rights. In Rhode Island, being charged is not the same as being convicted. The family court hears evidence and considers the details of your charge before taking any action. The judge looks at whether the alleged crime directly impacts the child or jeopardizes their safety. If the felony does not involve violence, abuse, or risk to the child, ongoing custody and visitation often remain in place unless additional concerns arise.
Court decisions rely on evidence showing present risk, not just an arrest or allegation. If you are charged with a crime that could endanger your child, like domestic violence or substance abuse, the other parent may request an emergency hearing. The judge can issue temporary custody or visitation modifications while the charge is resolved. For charges not related to your child or parenting responsibilities, courts typically wait for more information or the outcome of the criminal case before making changes.
Throughout this stressful period, your actions matter. Documenting your ongoing involvement—such as school activities, daily care, or appointments—can demonstrate stability and commitment. At The Law Office of Thomas C. Thomasian, Esq., I advise clients to respond proactively by staying involved in their child's life, communicating openly with their legal team, and following all family court orders to show the court continued dedication to their child’s welfare.
Types of Felony Charges That Most Affect Child Custody in Rhode Island
Certain felony charges have a far greater effect on child custody and visitation outcomes than others. Offenses involving violence, domestic abuse, sexual misconduct, or child endangerment immediately raise concerns for judges. In these cases, courts may act to restrict or supervise parenting time as a precaution to ensure the child's safety. Rhode Island’s legal system strives to prevent any risk of harm to children, especially in pending family law cases.
Drug-related felonies also influence custody decisions, especially if the court learns of ongoing substance abuse or unsafe conditions in the home. If drugs, illegal substances, or related activity are present where a child lives, supervised visitation, treatment requirements, or even suspension of parenting time may follow. The court looks at the bigger picture—such as your steps to seek treatment, negative drug tests, or changes in your living conditions—when weighing future arrangements.
For felonies unrelated to violence or children—such as financial crimes or certain property offenses—Rhode Island courts consider whether the underlying conduct reflects instability, recklessness, or the inability to care for a child. The court reviews each situation closely, never assuming that one type of crime always determines an outcome, but prioritizes the impact on the parent-child relationship and home environment.
How Rhode Island Courts Evaluate Parental Fitness After a Felony Charge
Parental fitness is at the center of contested custody cases in Rhode Island, especially when felony charges emerge. Judges look at more than just the criminal charge—they want to see a consistent record of responsible parenting, stable housing, and emotional support for the child. Courts apply the “best interests of the child” standard to determine which parent can better provide safety, consistency, and encouragement for the child’s development.
When reviewing a parent’s criminal history, the court considers the severity of the alleged crime, whether it’s a first-time event or a pattern, and what steps the parent has taken since the incident. Positive actions—such as enrolling in counseling, substance abuse programs, or parenting classes—can support a finding of ongoing fitness despite a felony charge. Testimony from third parties like teachers, neighbors, and family members helps build a full picture of parenting strengths and weaknesses.
Beyond the criminal record, Rhode Island judges look at a parent’s daily participation in school, medical care, and extracurricular activities. Reliable documentation of involvement, cooperation with the other parent, and compliance with all court orders are strong indicators of good faith. Maintaining your place in your child’s life during legal proceedings shows the court your genuine commitment despite adversity.
Understanding Visitation Rights When Facing a Felony Charge
If you are charged with a felony, Rhode Island courts may adjust visitation orders to protect the child while preserving family bonds wherever possible. Supervised visitation is a common option when there are safety concerns. These sessions can happen at a neutral center, or with a mutually-approved adult present. The court determines if supervision is needed by looking at charge details, supporting evidence, and any history of unsafe behavior.
Visitation may be restricted or modified but isn’t usually terminated unless ongoing, clear danger to the child exists. Temporary orders are flexible—courts revisit the situation as the criminal case advances and more facts become available. Participation in recommended services or evaluations often helps show your focus on the child’s well-being and can encourage a return to standard visitation once your legal issues are resolved.
If the charge is later dropped, dismissed, or found unrelated to parenting capacity, courts are open to returning to previous visitation arrangements. Rhode Island judges want to see demonstrated change, like successful counseling or sobriety, before restoring full access. Cooperation, punctuality for visits, and respectful interaction with your co-parent help strengthen your position during this process.
Temporary Custody Actions Before a Conviction in Rhode Island
In urgent circumstances, Rhode Island courts can change custody or visitation before any conviction is entered. This often happens if a felony charge involves allegations of child abuse, threats, or serious safety risks. Emergency hearings, sometimes called ex parte motions, serve to protect the child by allowing swift, temporary changes based on current evidence and credible concerns presented by the other parent or state agencies.
At these hearings, the judge may order supervised or suspended visitation pending a full investigation. These temporary decisions are not permanent, and you have the right to a follow-up hearing with legal representation. It is critical to respond quickly to any emergency order—providing documents that demonstrate your continued parental involvement, completed treatment, or evaluations that show you are a safe caregiver.
Temporary changes often last as long as it takes the court to gather more information or until the criminal matter resolves. While the process is stressful, the goal is to protect the child while ensuring both parents have the opportunity to present their case. Consistent, positive engagement with your child—including letters, calls, or virtual visits if permitted—keeps your relationship strong during this challenging period.
Steps to Protect Your Parental Rights After a Felony Charge
If you want to protect your parental rights after being charged with a felony in Rhode Island, take immediate, thoughtful action. Here are specific steps that can support your case and maintain your relationship with your child:
- Consult with a criminal defense attorney who understands family law issues as they relate to your case. If your charge may affect custody, your attorney will develop a legal strategy that considers both criminal and familial consequences.
- Keep thorough records of your ongoing role in your child’s life, including school involvement, doctor’s appointments, and daily routines. Save all text messages, school notifications, and attendance documentation as evidence of your involvement.
- Follow all court orders carefully, including temporary visitation or supervision requirements. Always attend scheduled visits, behave appropriately with all parties, and respect boundaries set by the court.
- Engage in recommended services, such as counseling, substance abuse treatment, or parenting classes, to show commitment to improvement and responsible parenting.
- Communicate respectfully with your child’s other parent and avoid discussing your legal troubles directly with your child.
By taking these actions, you signal to the court and your child that you are dedicated, proactive, and focused on your child’s welfare—even during difficult times. If you have questions about what to do next, you can reach The Law Office of Thomas C. Thomasian, Esq. any time at (401) 312-4385 for support and guidance.
Restoring Custody and Visitation After Resolving a Felony Charge
Even if a felony charge leads to temporary losses of custody or visitation, those changes do not have to be permanent. After the criminal case is resolved—through dismissal, acquittal, or successful completion of probation—parents in Rhode Island often petition the court to reinstate or modify custody orders. The court wants evidence of changed circumstances to support these requests.
Court-accepted changes can include completion of recommended treatment programs, counseling, ongoing employment, and documentation of a stable home environment. Letters from counselors, probation officers, teachers, or community members may provide helpful context. The parent seeking a change should show a continued positive relationship with their child and a strong, consistent presence in the child’s daily life.
Timing matters in modification requests. Family courts look for substantial change, not just the passage of time. Having an attorney who understands both criminal and custody procedures allows you to present a thorough, persuasive request to reinstate or expand your parental rights. Taking steps to address any lingering concerns and keeping detailed records can dramatically improve the chances of full restoration of your role in your child’s life.
What Proves Parental Fitness Despite a Felony Charge?
To demonstrate continued parental fitness while facing, or after resolving, felony charges, Rhode Island parents benefit from offering clear, specific evidence of responsible parenting. The court wants assurance that you remain capable of supporting, guiding, and caring for your child despite any pending legal matters.
Valuable forms of evidence can include:
- Detailed records of school, medical, or extracurricular participation.
- Certificates of completion from court-ordered or voluntary rehabilitation, counseling, or parenting courses.
- Negative drug screens if substance abuse was alleged.
- Written statements from teachers, doctors, clergy, or counselors showing your commitment and reliability as a parent.
- Proof of employment and stable housing.
- Consistency in communication and visitation with your child, even in challenging circumstances.
Beyond collecting evidence, your behavior matters. Cooperating with your co-parent, maintaining respectful communication, and following all legal guidelines reinforce your dedication and reliability. Judges appreciate parents who put the child’s needs first and use available resources to address past issues and promote healthy family dynamics.
Coordinating Criminal Defense and Family Law Representation for Custody Protection
If you face both felony charges and contested custody, coordinated legal support will help safeguard your parental rights and minimize disruption to your child’s life. Criminal defense and family law attorneys who work together provide consistent strategies, align timelines, and help you avoid missteps that could negatively affect your parent-child relationship.
Criminal defense focuses on protecting your rights throughout the legal process and reducing the risk of conviction, while family law attorneys advocate for your continued custody or visitation. Effective coordination includes timely communication between your legal teams, clear sharing of developments, and preparation for both family and criminal court appearances that relate to your charge and parenting.
At The Law Office of Thomas C. Thomasian, Esq., our deep understanding of Rhode Island courts, combined with our 24/7 client support and commitment to individualized representation, ensures that parents have informed guidance throughout this difficult process. By keeping all facets of your legal case aligned, you put yourself in the best position to preserve your place in your child’s life for the long term.
Frequently Asked Questions About Felony Charges, Child Custody, and Visitation in Rhode Island
Can My Co-Parent Use My Felony Charge to Get Emergency Custody?
Yes. If your co-parent believes your charge places the child at risk, they can request an emergency order from the court. The judge considers evidence of immediate harm, not just the fact of the charge itself, before making a temporary decision.
Will I Regain Custody if My Felony Charge is Dropped or I am Found Not Guilty?
Generally, yes. When charges are dropped, or you are acquitted, the court will review your current circumstances and consider restoring previous custody or visitation arrangements, provided no ongoing concerns remain.
Is Supervised Visitation Required for all Felony Charges?
No. Rhode Island courts usually order supervised visits only when the charge or related facts indicate a legitimate safety risk. Unrelated or non-violent felonies often do not affect visitation unless additional evidence suggests a problem.
If the Felony Charge Has Nothing to Do With My Child, Will it Still Affect Custody?
The court examines each case individually. Unrelated charges might have less impact, but they are evaluated alongside your overall parenting history and home environment.
Do I Need a Separate Lawyer for Criminal and Custody Matters?
Many parents find it helpful to have both a criminal defense and a family law lawyer, especially for complex cases. Coordinated representation helps ensure that criminal developments don’t accidentally complicate your custody case, and vice versa, but you can choose a firm with experience in both areas for more seamless guidance.
If you have concerns about how a felony charge might impact your custody or visitation rights in Rhode Island, acting quickly and seeking personalized legal support is your best defense. For responsive guidance that addresses both the criminal and family court systems, contact The Law Office of Thomas C. Thomasian, Esq. online or call us at (401) 312-4385—you do not have to navigate this process alone.