Rhode Island General Laws 15-8.1-501. Adjudication
(a)(1) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto parent of the child, if there is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear and convincing evidence that:
(i) The individual resided with the child as a regular member of the child’s household for a significant period of time;
(ii) The individual engaged in consistent caretaking of the child;
(iii) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;
(iv) The individual held out the child as the person‘s child;
(v) The individual established a bonded and dependent relationship with the child which is parental in nature;
(vi) The individual and another parent of the child fostered or supported the bonded and dependent relationship required under subsection (a)(1)(v) of this section; and
(vii) Continuing the relationship between the individual and the child is in the best interests of the child.
(2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as provided in subsection (a)(1)(vi) of this section.
Such evidence may include whether within the prior ten (10) years, the individual seeking to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual exploitation of the child or another parent of the child, was subject to a final abuse protection order pursuant to chapter 15 of Title 15, because the individual was found to have committed abuse against the child or another parent of the child, or was substantiated for abuse against the child or another parent of the child pursuant to chapter 11 of Title 40.
Terms Used In Rhode Island General Laws 15-8.1-501
- Allegation: something that someone says happened.
- Child: means an individual of any age whose parentage may be determined pursuant to this chapter. See Rhode Island General Laws 15-8.1-102
- Dependent: A person dependent for support upon another.
- Domestic assault: shall include any offense as set forth in § 12-29-2. See Rhode Island General Laws 15-8.1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Parent: means an individual who has established parentage that meets the requirements of this chapter. See Rhode Island General Laws 15-8.1-102
- Parentage: means the legal relationship between a child and a parent as established under this chapter. See Rhode Island General Laws 15-8.1-102
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Sexual assault: shall include sexual assault as provided in § 11-37-2, child molestation as provided in Rhode Island General Laws 15-8.1-102
- Sexual exploitation: shall include sexual exploitation of a minor as provided in § 11-9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of Title 11, and similar offenses in other jurisdictions. See Rhode Island General Laws 15-8.1-102
(b) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto parent of the child, if there is more than one other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (a) of this section are met by clear and convincing evidence, the court shall adjudicate parentage under §?15-8.1-206, subject to other applicable limitations in this chapter.
(c) The adjudication of an individual as a de facto parent under this chapter does not disestablish the parentage of any other parent.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.