Rhode Island General Laws

R.I. Gen. Laws § 8-10-3 (2026)

Establishment of court — Jurisdiction — Seal — Oaths

✓ current as of July 2026

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(a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to § 15-23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any disability requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of § 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with §§ 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with §§ 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

(e) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.

(f) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15.

[See § 12-1-15 of the General Laws.]

(g) Notwithstanding any general or public law to the contrary, the family court shall have jurisdiction over all protective orders provided pursuant to the Rhode Island general laws, when either party is a juvenile.

Notes of Decisions

Cited in 90 cases (4 in the last 5 years), 1962–2026 · leading case: Rubano v. DiCenzo, 759 A.2d 959 (R.I. 2000).

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Rubano v. DiCenzo, 759 A.2d 959 (R.I. 2000). · cites it 87× “Question I "Does a child, biological mother, and same sex partner, who have been involved in a committed relationship constitute a `family relationship' within the meaning of G.L. § 8-10-3, such that the Family Court has jurisdiction to entertain a miscellaneous petition for…”

Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007). · cites it 25× “That, in our opinion, is precisely the relief available to them under the plain and ordinary language of § 8-10-3. This Court has long recognized that marriage is a contractual relationship between the parties to it, profoundly affecting their status, ie.”

Concannon v. Concannon, 356 A.2d 487 (R.I. 1976). · cites it 11× “1956 (1969 Reenactment) §8-10-3. 2. That it was the intention of the testatrix to provide support for the minor children of Richard from the principal of the trust fund.”

Paolino v. Paolino, 420 A.2d 830 (R.I. 1980). · cites it 6× “1956 (1969 Reenactment) § 8-10-3. Christensen v. Christensen, R.I.”

Sidell v. Sidell, 18 A.3d 499 (R.I. 2011). · cites it 4× “Specifically, the Family Court’s subject-matter jurisdiction must expressly be contained in the Family Court Act, G.L.1956 § 8-10-3. 4 Paolino, 420 A.2d at 833 .”

Lubecki v. Ashcroft, 557 A.2d 1208 (R.I. 1989). · cites it 8× “” G.L.1956 § 8-10-3, as amended by P.L.1961, ch.”

Gorman v. Gorman, 883 A.2d 732 (R.I. 2005). · cites it 2× “10 See G.L.1956 § 8-10-3(a) *739 (specifying that the Family Court has jurisdiction over “antenuptial agreements, property settlement agreements and all other contracts between persons who at the time of execution of the contracts, were husband and wife or planned to enter into…”

Landreth v. Malik, 251 P.3d 163 (Nev. 2011). · cites it 2× “6, § 20 (specifying the qualification for judicial office and distinguishing between "[a] judge of the court of appeals, justice of the supreme court, judge of the court of claims, judge of a county court, judge of the surrogate's court, judge of the family court or judge of a…”

DiBattista v. State, 808 A.2d 1081 (R.I. 2002). · cites it 2× “1956 § 42-35-15, and in accordance with G.L.1956 § 8-10-3(e). After a hearing, but without the benefit of the actual record from the previous adminis *1085 trative proceedings, the Family Court dismissed the administrative appeal.”

State v. Sivo, 925 A.2d 901 (R.I. 2007). · cites it 2× “For example, G.L.1956 § 8-10-3(a), in relevant part, establishes the Family Court and gives it jurisdiction over “all petitions for divorce * * *, all motions for allowance, alimony, support and custody of children, * * * and such other equitable matters arising out of the…”

Terry Ann Smith v. Andrew Smith, 207 A.3d 447 (R.I. 2019). · cites it 4× “The General Assembly, by enacting G.L. 1956 § 8-10-3, specifically granted the Family Court the authority to "hear and determine all petitions for divorce from the bond of marriage[.”

Richtmyer v. Richtmyer, 461 A.2d 409 (R.I. 1983). · cites it 8× “1956 (1969 Reenactment) § 8-10-3, as amended by P.L.1981, eh. 319, § l.”

Show all 90 citing cases →

— R.I. Gen. Laws § 8-10-3(a) — 21 cases

Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007). “That, in our opinion, is precisely the relief available to them under the plain and ordinary language of § 8-10-3. This Court has long recognized that marriage is a contractual relationship between the parties to it, profoundly affecting their status, ie.”

Rubano v. DiCenzo, 759 A.2d 959 (R.I. 2000). “Question I "Does a child, biological mother, and same sex partner, who have been involved in a committed relationship constitute a `family relationship' within the meaning of G.L. § 8-10-3, such that the Family Court has jurisdiction to entertain a miscellaneous petition for…”

Gorman v. Gorman, 883 A.2d 732 (R.I. 2005). “10 See G.L.1956 § 8-10-3(a) *739 (specifying that the Family Court has jurisdiction over “antenuptial agreements, property settlement agreements and all other contracts between persons who at the time of execution of the contracts, were husband and wife or planned to enter into…”

State v. Sivo, 925 A.2d 901 (R.I. 2007). “For example, G.L.1956 § 8-10-3(a), in relevant part, establishes the Family Court and gives it jurisdiction over “all petitions for divorce * * *, all motions for allowance, alimony, support and custody of children, * * * and such other equitable matters arising out of the…”

Sidell v. Sidell, 18 A.3d 499 (R.I. 2011). “Specifically, the Family Court’s subject-matter jurisdiction must expressly be contained in the Family Court Act, G.L.1956 § 8-10-3. 4 Paolino, 420 A.2d at 833 .”

— R.I. Gen. Laws § 8-10-3(b) — 1 case

Elizabeth Boyer v. Chief Judge Haiganush Bedrosian, 57 A.3d 259 (R.I. 2012).

— R.I. Gen. Laws § 8-10-3(e) — 2 cases

DiBattista v. State, 808 A.2d 1081 (R.I. 2002). “1956 § 42-35-15, and in accordance with G.L.1956 § 8-10-3(e). After a hearing, but without the benefit of the actual record from the previous adminis *1085 trative proceedings, the Family Court dismissed the administrative appeal.”

DiBattista v. State, Dep't of Child., Youth & Families, 717 A.2d 640 (R.I. 1998).

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