reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-2. - Definitions.

§ 15-11.1-2. Definitions.
For the purposes of this chapter:
(1)
“Administrator” means the tax administrator for the department of administration, division of taxation or his or her designee.
(2)
“Board” means any bureau, board, or commission or other licensor that is affiliated with or is a part of the department of business regulation, and any other state agency, municipality, or licensor that issues a license authorizing a person to engage in a recreational activity, in a business, occupation, profession, industry, or authorizes a person to operate a motor vehicle.
(3)
“Compliance with a court order of support” means that the support obligor has accrued no more than ninety (90) days worth of current support no more than ninety (90) days worth of periodic payments due pursuant to a written agreement with the department or as set forth in a court order and/or has obtained or maintained health insurance coverage if required by a court order of support.
(4)
“CSE system” means the Rhode Island family court/department of administration, division of taxation, child support enforcement system, which system maintains the official record of support orders and arrearages of all support orders entered upon it in accordance with applicable administrative orders issued by the Rhode Island family court.
(5)
“Court order of support” means any judgment or order for the support of dependent children now or subsequently recorded and maintained on the child support enforcement (CSE) system which has been issued by any court of the state or another state, including an order in a final decree of divorce or any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.
(6)
“Department” means the department of administration, division of taxation.
(7)
“License” means any of the following: a license to operate a motor vehicle, a motor vehicle registration, a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or recreational activity.
(8)
“Licensee” means any individual holding any of the following: a license to operate a motor vehicle, motor vehicle registration, a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or recreational activity.
(9)
“Obligor” means any person required to make payments under the terms of a court order of support.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-3. - Notice.

§ 15-11.1-3. Notice.
(a)
The department may serve notice upon a support obligor who is not in compliance with a court order of support that informs the obligor of the department’s intention to submit the obligor’s name to any appropriate board, state agency, or department as a licensee who is not in compliance with a court order of support.
(b)
The notice shall include the address and telephone number of the department’s support enforcement office that issues the notice and a statement of the need to obtain a release from that office as provided in § 15-11.1-7. The department shall attach a copy or facsimile of the obligor’s court order of support to the notice. Service of the notice must be made by first class mail. The notice must inform the obligor that:
(1)
The obligor may request a family court hearing to contest the issue of compliance;
(2)
A request for a hearing must be made in writing and must be received by the department within thirty (30) days of the date of the notice;
(3)
If the obligor requests a hearing within thirty (30) days of the date of the notice, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support pending a decision after a hearing;
(4)
If the obligor does not request a hearing within thirty (30) days of the date of the notice and is not in compliance with a court order of support, the department shall certify the obligor to the appropriate board, state agency, or department for noncompliance with a court order of support;
(5)
If the department certifies the obligor to a board for noncompliance with a court order of support, the board, state agency, or department shall suspend the obligor’s license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor’s support order. A suspension by an agency or a refusal by an agency to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination;
(6)
If the obligor files a motion to modify support with the family court and duly serves the department with notice of the motion to modify, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support; and
(7)
The obligor may restore compliance with a court order of support by:
(i)
Paying current support; and
(ii)
Paying all past due support or, if unable to pay all past due support and a periodic payment for past due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department which agreement shall then be filed with the family court; and/or
(iii)
Meeting the obligor’s health insurance obligation.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-4. - Family court compliance hearing.

§ 15-11.1-4. Family court compliance hearing.
(a)
An obligor may request a hearing before a magistrate of the family court upon receipt of service of the notice described in § 15-11.1-3. The request for a hearing must be made in writing and must be received by the department within thirty (30) days of the date of the notice. The department shall promptly file the obligor’s written request for a hearing with the clerk of the family court or his or her designee; the clerk shall then assign the matter for a hearing before a magistrate of the family court.
(b)
The department shall notify the obligor in writing of the date, time, and place of the hearing assigned by the clerk. Service of the hearing notice must be made by first class mail.
(c)
The issues that may be determined at the hearing are limited to whether the obligor is required to pay child support under a court or administrative order and whether the obligor is in compliance with a court order of support.
(d)
Nothing in this section shall prohibit the obligor from filing other appropriate motions for relief, including but not limited to a motion to modify a support order, with the family court.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5; P.L. 1998, ch. 442, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-5. - Automatic stay pending compliance hearing.

§ 15-11.1-5. Automatic stay pending compliance hearing.
If an obligor requests a timely hearing to contest the issue of compliance in accordance with § 15-11.1-4, the department may not certify the name of the obligor to a board for noncompliance with a court order of support until the department receives a decision or order of the family court that finds the obligor is not in compliance with a court order of support.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-6. - Certification of noncompliance.

§ 15-11.1-6. Certification of noncompliance.
(a)
The department may certify in writing to any appropriate board that a support obligor is not in compliance with a court order of support if:
(1)
The obligor does not timely request a hearing upon service of a notice issued under § 15-11.1-3 and is not in compliance with a court order of support thirty-one (31) days after service of the notice or mailing of the notice;
(2)
The family court issues a decision or order after a hearing that finds the obligor is not in compliance with a court order of support, and the obligor has not appealed the decision within any applicable appeal period provided by law for appeals of a decision or order of a magistrate of the family court; or
(3)
After a decision or order of the family court has been appealed, a decision or order of the Rhode Island supreme court which determines or affirms that the obligor is not in compliance with a court order of support.
(b)
The department’s certification shall include a copy of the decision or order of the court, where applicable. The department shall send by first class mail a copy of any certification of noncompliance filed with a board to the obligor at the obligor’s most recent address of record.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5; P.L. 1998, ch. 442, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-7. - Suspension by board — Notice from board.

§ 15-11.1-7. Suspension by board — Notice from board.
(a)
Upon receipt of the certification of noncompliance from the department issued in accordance with § 15-11.1-6, a board shall suspend the obligor’s license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor’s support order. When an obligor who is served notice under § 15-11.1-3 subsequently complies with the court order of support, the department shall within five (5) business days after compliance provide the obligor with written confirmation and a release that the obligor is in compliance with the order. A suspension by a board or a refusal by a board to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination for the purposes of chapter 35 of title 42.
(b)
A board shall notify an obligor certified by the department under § 15-11.1-6, without undue delay, that the obligor’s application for the issuance or renewal of a license may not be granted or that the obligor’s license has been suspended because the obligor’s name has been certified by the department as a support obligor who is not in compliance with a court order of support.
(c)
Within five (5) business days of receiving written confirmation that the obligor is in compliance with the court order of support, the board shall reinstate, reissue, renew or otherwise extend the obligor’s license or certificate of authority.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-8. - Reporting.

§ 15-11.1-8. Reporting.
(a)
During each renewal period all boards subject to this chapter shall provide to the department specified information, according to standards established by the department, about applicants for licensure and all current licensees.
(b)
All boards subject to this chapter shall provide the specified information for only those current licensees that are residents of this state.
(c)
The information to be provided must include all of the following information to the extent that this information is maintained by the board about the licensee:
(1)
Name;
(2)
Address of record;
(3)
Federal employer identification number or social security number;
(4)
Type of license;
(5)
Effective date of license or renewal;
(6)
Expiration date of license; and
(7)
Active or inactive status.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 2000, ch. 109, § 24.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-9. - Repealed.

§ 15-11.1-9. Repealed.
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; Repealed by P.L. 2000, ch. 109, § 25, effective July 7, 2000.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-10. - Rules and regulations.

§ 15-11.1-10. Rules and regulations.
The department of human services is authorized and directed to promulgate rules and regulations that it deems necessary to implement the provisions and purposes of this chapter; provided, that any rule or regulation affecting the duties and responsibilities of the family court shall be made with the concurrence of the chief judge of the family court.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-11. - Cooperative agreements with boards.

§ 15-11.1-11. Cooperative agreements with boards.
The department and the various boards may enter into any agreements that may be necessary to carry out the requirements of this section, but only to the extent the department determines it is cost effective.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-11.1 - Full Enforcement of Support Obligations › Section 15-11.1-12. - Severability.

§ 15-11.1-12. Severability.
If any provision of this chapter or the application of it is for any reason judged invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its effect to the provision or application directly involved in the controversy giving rise to the judgment.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-12 - Age of Majority › Section 15-12-1. - Persons of full age.

§ 15-12-1. Persons of full age.
(a)
Notwithstanding any general or public law or provision of the common law to the contrary, all persons who have attained the age of eighteen (18) years shall be deemed to be persons of full legal age.
(b)
These persons shall have all the duties and obligations, rights, and privileges imposed or granted by law upon those persons who have previously attained the age of twenty-one (21) years.
History of Section.
P.L. 1972, ch. 20, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-12 - Age of Majority › Section 15-12-2. - Repealed.

§ 15-12-2. Repealed.
History of Section.
P.L. 1972, ch. 20, § 1; Repealed by P.L. 1988, ch. 84, § 68, effective May 27, 1988.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-1. - Determination of children receiving public assistance.

§ 15-13-1. Determination of children receiving public assistance.
The party commencing an action seeking a divorce from the bond of marriage or divorce from bed and board or an order pursuant to § 15-5-19 shall, at the time the proceeding is begun, append to the petition a statement containing the names of all children of the marriage and their ages and stating whether any of the children are at that time recipients of or applicants for public assistance.
History of Section.
P.L. 1977, ch. 258, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-2. - Setting of support for children receiving public assistance.

§ 15-13-2. Setting of support for children receiving public assistance.
(a)
If the statement appended to the petition indicates that any child of the marriage is a recipient of or applicant for public assistance, a hearing shall be held as promptly as possible to determine the amount of support to which each child is entitled from the appropriate parent. The department of human services shall be given notice of the hearing and shall appear at the hearing for the purpose of assisting the court in fixing the amount of support. In the absence of the consent of the parties and agreement of the department of human services, the court shall not enter an order providing for support without conducting a hearing.
(b)
In fixing the amount of support, which the parent shall be ordered to pay, the court shall take into account the following factors:
(1)
All earnings, income, and resources of the parent including real and personal property;
(2)
The earnings potential of the parent;
(3)
The reasonable necessities of the parent;
(4)
The needs of the child for whom support is sought;
(5)
The existence and needs of other dependents of the parent; and
(6)
Any other factors, which bear upon the needs of the child and the ability of the parent to provide financial support of those needs.
History of Section.
P.L. 1977, ch. 258, § 2; P.L. 1988, ch. 84, § 69.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-3. - Reconsideration of support orders.

§ 15-13-3. Reconsideration of support orders.
(a)
Every order entered by the family court providing for support of a child who at the time of entry of the order was not a recipient of or applicant for public assistance shall, in the event the child becomes the recipient of public assistance, be reconsidered de novo upon the petition of a parent or guardian of the child or the department of human services.
(b)
Upon the filing of the petition, the court shall hold a hearing for the purpose of determining the amount of support to which the child is entitled from the appropriate parent. In fixing the amount of support the court shall take into account the factors set forth in § 15-13-2.
History of Section.
P.L. 1977, ch. 258, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-3.2. - Transfer of assets.

§ 15-13-3.2. Transfer of assets.
No person shall proceed to foreclose, sell, or otherwise transfer any property against which an execution granted and reordered pursuant to § 15-13-3.1 may run without first obtaining the approval of the family court. After this, any person to whom an execution has been granted may pursue any remedy available to the holder of an execution by law.
History of Section.
P.L. 1979, ch. 191, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-3.3. - Release of execution.

§ 15-13-3.3. Release of execution.
Any person or the director may release or discharge an execution upon receipt of any other security that the holder of the execution shall deem satisfactory.
History of Section.
P.L. 1979, ch. 191, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-13 - Divorce or Separation Proceedings — Support for Children Receiving Public Assistance › Section 15-13-4. - Severability.

§ 15-13-4. Severability.
If any provision of this chapter or the application of it to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1977, ch. 258, § 3.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14 - Child Custody [Repealed.] › Section 15-14-1 - — 15-14-26. Repealed.

§ 15-14-1 — 15-14-26. Repealed.
History of Section.
P.L. 1978, ch. 185, § 1; P.L. 1989, ch. 280, § 1; Repealed by P.L. 2003, ch. 307, § 1; P.L. 2003, ch. 322, § 1, effective July 17, 2003. For present comparable provisions, see § 15-14.1-1 et seq.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-1. - Short title.

§ 15-14.1-1. Short title.
This chapter may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-3. - Proceedings governed by other law.

§ 15-14.1-3. Proceedings governed by other law.
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-4. - Application to Indian tribes.

§ 15-14.1-4. Application to Indian tribes.
(a)
A child custody proceeding that pertains to an Indian child as defined in the “Indian Child Welfare Act,” 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the “Indian Child Welfare Act.”
(b)
A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this chapter.
(c)
A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-5. - International application.

§ 15-14.1-5. International application.
(a)
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter.
(b)
Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under this chapter.
(c)
A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-6. - Effect of child custody determination.

§ 15-14.1-6. Effect of child custody determination.
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with this chapter or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-7. - Priority.

§ 15-14.1-7. Priority.
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-8. - Notice to persons outside state.

§ 15-14.1-8. Notice to persons outside state.
(a)
Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b)
Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-9. - Appearance and limited immunity.

§ 15-14.1-9. Appearance and limited immunity.
(a)
A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating in the proceeding.
(b)
A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c)
The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-10. - Communication between courts.

§ 15-14.1-10. Communication between courts.
(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(b)
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c)
Communication between courts on schedules, calendars, court records, and similar procedural matters may occur without first informing the parties. A record need not be made of the communication.
(d)
Except as otherwise provided in subsection (c) of this section, a record must be made of the communication under this section. The parties must be informed promptly of the communication of and granted access to the record.
(e)
For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts or an electronic recording of the communication between the courts.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-11. - Taking testimony in another state.

§ 15-14.1-11. Taking testimony in another state.
(a)
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the disposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-12. - Cooperation between courts — Preservation of records.

§ 15-14.1-12. Cooperation between courts — Preservation of records.
(a)
A court of this state may request the appropriate court of another state to:
(1)
Hold an evidentiary hearing;
(2)
Order a person to produce or give evidence pursuant to procedures of that state;
(3)
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4)
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5)
Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b)
Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.
(c)
Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the laws of this state.
(d)
A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-13. - Initial child custody jurisdiction.

§ 15-14.1-13. Initial child custody jurisdiction.
(a)
Except as otherwise provided, a court of this state has jurisdiction to make an initial child custody determination only if:
(1)
This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2)
A court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum and:
(i)
The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(ii)
Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;
(3)
All courts having jurisdiction under subdivision (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child; or
(4)
No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3) of this subsection.
(b)
Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c)
Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-14. - Exclusive, continuing jurisdiction.

§ 15-14.1-14. Exclusive, continuing jurisdiction.
(a)
Except as otherwise provided, a court of this state which has made a child custody determination consistent with this chapter has exclusive, continuing jurisdiction over the determination until:
(1)
A court of this state determines that neither the child, the child’s parents, and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(2)
A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
(b)
A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination pursuant to this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-15. - Jurisdiction to modify determination.

§ 15-14.1-15. Jurisdiction to modify determination.
Except as otherwise provided, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination, and:
(1)
The court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum; or
(2)
A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-16. - Temporary emergency jurisdiction.

§ 15-14.1-16. Temporary emergency jurisdiction.
(a)
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b)
If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c)
If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d)
A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-17. - Notice — Opportunity to be heard — Joinder.

§ 15-14.1-17. Notice — Opportunity to be heard — Joinder.
(a)
Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with this chapter must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b)
This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c)
The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-18. - Simultaneous proceedings.

§ 15-14.1-18. Simultaneous proceedings.
(a)
Except as otherwise provided, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum.
(b)
Except as otherwise provided, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to this chapter. If the court determined that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c)
In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1)
Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2)
Enjoin the parties from continuing with the proceeding for enforcement; or
(3)
Proceed with the modification under conditions it considers appropriate.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-19. - Inconvenient forum.

§ 15-14.1-19. Inconvenient forum.
(a)
A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.
(b)
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1)
Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2)
The length of time the child has resided outside this state;
(3)
The distance between the court in this state and the court in the state that would assume jurisdiction;
(4)
The relative financial circumstances of the parties;
(5)
Any agreement of the parties as to which state should assume jurisdiction;
(6)
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7)
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8)
The familiarity of the court of each state with the facts and issues in the pending litigation.
(c)
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d)
A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-20. - Jurisdiction declined by reason of conduct.

§ 15-14.1-20. Jurisdiction declined by reason of conduct.
(a)
Except as otherwise provided, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1)
The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2)
A court of the state otherwise having jurisdiction determined that this state is a more appropriate forum; or
(3)
No court of any other state would have jurisdiction under the criteria specified in this chapter.
(b)
If a court of this state declined to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction.
(c)
If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.