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Rhode Island Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can mom of a child tell her son’s father he can’t take the children over night once he moves in with his girlfriend

If court gets involved, can a judge say the father can’t take his kids anymore on visitation or overnights because he now shares a home with his girlfriend?

Albin Moser
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answered on Jan 23, 2024

Usually a mother cannot prevent a father from having visitation overnight at his new girlfriend‘s house where he now lives. If there were a provision of the divorce agreement that prohibits this then the court might pay attention to that. If there is something about the girlfriend or the house or... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: DCF shared very personal information to someone involved with my family outside of them and I didn't sign a release.

My child's mom signed a release to a service called In Home Therapy, I did not. Our DCF worker disclosed extremely personal information for no reason. The woman (Sarah) who works for IHT whom this information was told to, said they were not discussing me or anything to do with me and she just... View More

James L. Arrasmith
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answered on Dec 20, 2023

In situations where personal information is shared by a Department of Children, Families (DCF) worker without proper consent, it's important to understand your rights and the legal framework that governs such disclosures. The sharing of your personal information without your consent could... View More

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: Married for 32 yrs. Husband moved out 9 years ago. He said he is moving back in. He is emotionally abusive.

Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.

Albin Moser
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answered on Nov 14, 2023

Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: my childs mother disclosed to me her lawyer was trying to pursue a relationship with her. she then said he fired herbut

now a week later she says he said he cant fire her and will be representing her this week when i have to appear for family court seems wrong what can i do i don't have a lawyer either?

Albin Moser
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answered on Sep 20, 2023

It is unethical for a lawyer to try to start a relationship with a client during a child custody case or child support case. You can file a written complaint about this with the disciplinary board. Here is some information about that:... View More

1 Answer | Asked in Family Law and Child Support for Rhode Island on
Q: My son is in Rhode Island, he graduated high school and is over 18. Can I stop paying child support?
Albin Moser
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answered on Aug 27, 2023

If your child support judgment is a Rhode Island Family Court judgment then yes. If your child support judgment is not a Rhode Island Family Court judgment then no. Your son's presence in Rhode Island does not change your child support obligation. Some states such as Massachusetts can order... View More

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Legally do i have to tell my ex wife the name of my girlfriend, if I want to bring my our child there for a sleepover?
Albin Moser
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answered on Aug 26, 2023

It is not legally required, no, unless you agreed in your divorce that you would. Often in marital settlement agreements the parties will promise to keep each other informed about where the child is staying and with whom. Even without an agreement it is customary that parents will give each other... View More

2 Answers | Asked in Criminal Law, Personal Injury, Family Law and Domestic Violence for Rhode Island on
Q: I was violently assaulted by my brother in February of 2023. I didn’t press charges; is it too late for me to do so now?

When my brother attacked me, he punched me in the face and broke my face open. I had gone to the hospital and had to get stitches. The cops came to the house after my brother punched me but I didn’t press charges then. While at the hospital my husband (who witnessed the assault) called the cops... View More

Albin Moser
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answered on Aug 16, 2023

It's not too late for you to file a complaint with the police department. It is up to the police whether or not to investigate it. It is up to prosecutors whether or not to bring evidence to a grand jury, get an indictment and charge your brother. You have other options in addition to this.... View More

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1 Answer | Asked in Family Law and Civil Rights for Rhode Island on
Q: If i move out of my mothers house with a passed record of anxiety an depression can the state get involved an will dcyf

I dont wanna keep living in my mothers house for the rest of my life

Neville Bedford
Neville Bedford
answered on Nov 7, 2022

Once you have graduated high school and attain 18 years of age, and are not disabled nor dependent, you are free to make your own life choices. There is no legal requirement for parent or child to spend their entire lives living together.

1 Answer | Asked in Family Law and Small Claims for Rhode Island on
Q: It’s a very long story, but I’ll just give you a brief summary of my issues. I was in a 12 year relationship .

We became legal Domestic partners. He is refusing to give me some of my furniture. He’s blocked me in his phone, email and texts

Neville Bedford
Neville Bedford
answered on Nov 2, 2022

If the furniture is all that you are concerned about, consider filing a case in the small claims court. To explore the implications of "legal domestic partners" and whether that may involve court proceedings to dissolve, meet with a practicing attorney to discuss those details in private.

1 Answer | Asked in Family Law for Rhode Island on
Q: with the aid of statutory and judicial authorities, critically examine the position of the law where a party to a valid

and subsisting monogamous marriage purports or seeks to marry another person monogamously.

Albin Moser
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answered on Mar 25, 2024

What you describe is bigamy, which is against the law. An intended marriage by a person who is still married is not going to result in a valid marriage.

1 Answer | Asked in Family Law for Rhode Island on
Q: My name added to court order in a child cust case to not be at visit. Do I have right to speak to judge to defend myself
T. Augustus Claus
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answered on Sep 12, 2023

In Rhode Island, if your name has been added to a court order in a child custody case, limiting your access to visitation or contact, you typically have the right to address the court and defend yourself.

1 Answer | Asked in Estate Planning and Family Law for Rhode Island on
Q: Hi Is it against the law to pretend that you are married to someone just so she can collect an inheritance
Albin Moser
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answered on Aug 16, 2023

Yes. That would be fraud.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Hello, Can a parent have unsupervised visits if there is an active felony child neglect/abuse case against them?

Hello, My childs mother has been charged with 3 counts of felony child neglect and abuse. However, the court has awarded her unsupervised visits, despite me being in fear of my childs safety. What are my child's rights? Why is he being forced to be with his abuser in an unsupervised setting?

Neville Bedford
Neville Bedford
answered on Sep 1, 2022

Something seems amiss here. Did you bring all of this to your attorney's attention and/or file the appropriate motions to ensure the child is protected? From the way you present these facts, it would be likely that the state would be involved also through DCYF. Bring your concern's to... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: Is it possible to get a prenup, to keep only a fraction of a house as personal property?

My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.

Albin Moser
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answered on Jun 8, 2022

Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.

1 Answer | Asked in Child Support and Family Law for Rhode Island on
Q: Can I bring the ex party back to court for child support?

Ex party has minor child 2 more nights a week. I have the minor child more waking hours (I'm spending more money on food, entertainment, etc) how is ex entitled to child support if I have child more?

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

Ex Party being your co-parenting partner with whom you cannot come to an arrangement focused on the best interest of the child? Meet with your attorney to go over all the details to see if this "changed circumstance" supports a revision of your previously ordered support obligations.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Rhode Island on
Q: How do you stop a visit with child when there is a sexual abuse investigation open by dcyf on the other parent ?

my son was inpatient at a psychiatric hospital for trying g to commit suicide.he told the drs he is being sexually abused by his biological father. There is no a pending investigation open with dcyf due to this information. The biological father will be here in a few days to pick him up. How can I... View More

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

To make DCYF aware of the situation call 1800RICHILD. It is rather peculiar that the mandated reporters at the hospital did not make this report. Perhaps they did not have this information.

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: My ex-husband and I bought a house together before we divorce. I believe the court awarded me the house.

I never file a quitclaim and have him sign it. What should I do?

Neville Bedford
Neville Bedford
answered on Mar 28, 2022

Consult with your attorney to review the status of your case, and explore your options to complete the transfer of your house.

1 Answer | Asked in Family Law for Rhode Island on
Q: Right of possession after spouses death?

My 90 year old dad recently lost his wife of 30 years. When he married her, he moved into her house which was in her name. He has contributed to this house for the 30 years he has lived in it. Deceased wifes children have told him that nothing in the house belongs to him and he is entitled to... View More

Albin Moser
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answered on Dec 29, 2021

No, they are wrong. He has certain rights to the house and its contents. He also has the right to claim a share of anything else, including a share of any money.

2 Answers | Asked in Child Custody and Family Law for Rhode Island on
Q: Does the noncustodial parent have to meet the person the other parent is dating before the child can be around them?
John  Larochelle
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John Larochelle
answered on Nov 7, 2021

The is no law or automatic mandate that requires the noncustodial parent to meet the custodial parent’s romantic interest before the child is permitted to be in the presence of the romantic interest. Sometimes, the details regarding when children will meet a romantic interest of a parent are... View More

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1 Answer | Asked in Family Law for Rhode Island on
Q: My 7 year old son and I reside in RI. His father moved out of State back in July. My question is, I plan to also move…

Out of state (different state) next summer. We have nothing filed legally with the court. We were never married. He is on the birth certificate. Do I need to do anything other than inform him that I’m planning to move?

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

If you are all in agreement and he supports the move, you may not need to involve the court at all. It is surprising to hear there is no court involvement. Hopefully that also means you have a fair agreement for him to provide support for your child.

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