Q: Is it too late to file a motion for temporary visitation in Rhode Island?
I had an informal visitation agreement where I spent time with my daughter every Friday through Tuesday for over a year until January 20th. My ex stopped my visitations after I got a new girlfriend, fearing I would introduce our daughter to her, even though there is no safety threat. There are no previous court orders regarding custody or visitation. I filed for shared physical and legal custody on January 29th, and my ex was served on February 6th, yet she has not responded. Our hearing is scheduled for March 14th, and my ex, who is high-conflict, says she is counterfiling for sole custody. Is it too late to file a motion for temporary visitation, as I haven't seen my daughter in a month and believe mediation won't be helpful?
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A: It's not too late. You can write up the motion, state on it that this motion will be heard on March 14, 2025 at which time this matter is already on the calendar, include at the back of the motion a Certificate of Service stating that you served this motion upon your ex by U.S. Mail on such and such date, mail it to her on that date and file the motion. If you file it and mail it to her seven or more days before the hearing date then you have notified her in a timely fashion according to the Rhode Island Rules of Domestic Relations Procedure and the motion should be on the calendar on the hearing date. Take a look on Justia at Rhode Island Rules of Domestic Relations Procedure, Rules 5 and 6, and you will see what I mean.
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