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Rhode Island Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Rhode Island on
Q: If me and my girlfriend don’t live together, I live in apartment upstairs and my girlfriend lives in apartment downstair

And we have a son together will court make me pay child support even thou we’re together in a relationship???? Why would we need to go to court if we’re together just because living upstairs n down stairs apartment...

Carl P. DeLuca
Carl P. DeLuca answered on May 10, 2021

If you're in a separate household the Rhode Island Family Court could order you to pay child support. Usually, it's because the other parent or the state on behalf of the other parent is requesting it.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Can I request being assigned the custodial parent since I am able to provide for my daughter without state assistance?

The mother of my child is on state help (section 8/neighborhood health etc.). The state of RI on her behalf came after me to provide the health insurance for the child through my job, which I did. Now the child support was never adjusted taking insurance into consideration. Am I able to have the... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I don't think the state will do that for you but you can ask the Rhode Island Family Court to make the change in placement and they will do so if it is in the best interests of the child. In addition, if you have the child half the time or close to half the time, you could ask the court to use... Read more »

1 Answer | Asked in Family Law for Rhode Island on
Q: I have physical custody of my 5yr old son in RI. Father who lives in Mass also wants physical custody. Can he do that?

He said my son said he doesnt want to live with me. I admit, I am not the fun parent but I have taken care of my son these last 5 yrs with out any help from his father and his father sees him whenever. Sometimes as much as 3 weeks will pass with out him seeing his father. He thinks I have ruined... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I think you have to be careful in these situations because you can get dragged into court in MA if you don't act first in Rhode Island. You can still get dragged into court in MA if you file in Rhode Island, but if you can establish to a judge in Rhode Island that your son is living here then... Read more »

1 Answer | Asked in Child Custody for Rhode Island on
Q: Do I have to show for a deposition in rhode island
Albin Moser
Albin Moser answered on May 6, 2021

Probably not. If you are in Dorchester and the case is in Rhode Island then you can't be made to go from Dorchester to testify in Rhode Island. Usually there is a subpoena that is served on you. If it were served upon you in Rhode Island then that's one thing, but if it were served on you... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: In Rhode Island, when signing a lease for commercial space, can landlord request security deposit and last month rent?
Andrew Bilodeau
Andrew Bilodeau answered on Apr 29, 2021

Yes. Unlike a residential lease, a commercial lease is not regulated as its a contract between businesses and agreed upon terms are not restricted. Hopefully that helps.

1 Answer | Asked in Child Custody and Divorce for Rhode Island on
Q: I am separated. Can't afford a divorce but desperately need one.I am concerned about ex's live-in girlfriend.MyOptions?
Neville Bedford
Neville Bedford answered on Apr 5, 2021

Consult with an attorney to explore your options. If you have a child in common, it is important to sort out custody and support issues soonest.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If money is willed to 2 sons to be split evenly, but 1 passed away before their mom, does the other son get all of it?

Or would the dead son's half get passed to his heirs? The wording on the will is just that the remainder of her money gets split evenly between son 1 and son 2.

Neville Bedford
Neville Bedford answered on Mar 31, 2021

Get a copy of that will and make an appointment to meet with your local probate attorney to discern whether the intention of the testator is per capita, or per stirpes.

1 Answer | Asked in Civil Rights for Rhode Island on
Q: I have Put a restraining order on my ex who I have Had previously had domestic cases with in 2019 he has

been creating accounts to contact me and threatening me and I have Never gone through this I have Court on the 13th and I am Scared I dont Want them to drop the case i don't know what i am supposed to do if I need To get an attorney and if so how I go About that and the costs

Neville Bedford
Neville Bedford answered on Mar 31, 2021

Contact an attorney to answer these questions privately. Document all of the violations from the invented accounts to have ready for your hearing.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Can a 48a dismissal be re opened? is it legal?

I had a case simple assault/domestic case that was dismissed (48a) at trial. somehow it was later reopened months later and I was arrested again on the same exact charge. I took it to trial and was found not guilty. I also tried to remove it from my record and it still shows.

Neville Bedford
Neville Bedford answered on Mar 31, 2021

Talk to your attorney in private to explore your options. Your attorney will know all of the appropriate steps to ensure the expungement/seal process is completed properly.

2 Answers | Asked in Child Custody and Child Support for Rhode Island on
Q: What can i do of the father is neglectful of my child? There is no visitation order and i am in RI.

Theres no physical proof but friends and neighbors as well as myself have seen it first hand.

Albin Moser
Albin Moser answered on Mar 31, 2021

Begin by speaking with your child about anything you believe might be a harm to him or her. Follow up with the child's father. Try to avoid phrasing it as blame and encourage him to focus on what the child needs. If that does not work then consider a change to the schedule. If there is no... Read more »

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1 Answer | Asked in Personal Injury for Rhode Island on
Q: School bus stop changed and now it’s on a busy dangerous road. What can I do?

Bus stop was changed 2x in 24hrs. It’s now in front of a business on a major street. They say due to living 2 miles from the school we are lucky to even get bussing. Sidewalks are a mess and not safe. Police chief was not notified to inspect and school department has no knowledge if that knew... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 18, 2021

A Rhode Island attorney could advise best, but your question remains open for two weeks. One option, as a starting point, might be to see if a local elected official could help, based on the level of hazard and the age of the child. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Legal Malpractice for Rhode Island on
Q: I have a GPS monitor on. It has caused permanent damage to my ankle. Can I sue for damages?

I'm on Interstate Parole. I had a violation and had to go back and serve 90 days. Upon release and arrival back to Rhode Island, a GPS monitor was attached. The first time I had a monitor, it was for 90 days. I did not get any marks then.

However, it has been six months since I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

I'm not hearing you had medical treatement. Until you get it there is no record showing you have anything caused by the monitor. Once you have that you can ask to have it switched to the other ankle or made so that you can work a sock in between the brace and your ankle.

You should...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: I am in the process of a divorce. I am pregnant with someone elses child. What steps would I need to establish paternity

Husband and I have lived separately for over 5 years. Divorce papers have been filed. The baby's biological father admits paternity and wants to be on the birth certificate/ the child to have his last name.

Neville Bedford
Neville Bedford answered on Jan 31, 2021

Your attorney will be able to help you collect and present the appropriate evidence to meet the burden of proof required to overcome the presumption of paternity of a child born during a marriage in the State of Rhode Island. If you have not yet met with, and retained an attorney to advocate for... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: During divorce and in the agreement I put she has to go back to her maiden name and she signed it . So she has to right?

We have no kids . She in another relationship but she keeps saying oh just because I signed it doesn’t mean I need too

Neville Bedford
Neville Bedford answered on Jan 15, 2021

Meet with your family court attorney to review the contractual language and evaluate its precise terms. Generally speaking any competent adult may use any name they like, as long as it in not for an illegal purpose.

1 Answer | Asked in Identity Theft, Public Benefits and Social Security for Rhode Island on
Q: My daughter's father died in Jan '20 the 1st stim. check still went to him and I never got it. How do I get the 2nd ch

He received the first stimulus check to his address I'm assuming his mother took it because I never got it. After he died Jan 2nd 2020 his father did his taxes and claimed my daughter so will my second stimulus check be sent there also? How do I make sure that it goes to the right place. Also... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 5, 2021

The IRS handles the Economic Income Payments (stimulus checks). IRS will be issuing the second round of payments based on the information the IRS has on file for your 2019 tax return, the information provided by Non-Filers tool, payment information entered on the Get My Payment tool, or information... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Rhode Island on
Q: I had a my index knuckle replaced in 2015. It failed in 2019...broke. How many others have failed...his patent???

Doctor has patents on replacement joints. I have 2. Index failed in 4 yesrs...in retirement.

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Rhode Island attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal involving the joint failure. To make a meaningful assessment, an attorney would probably need to review your records with a medical professional - and possibly a biomedical engineer.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: My ex wife is in contempt of court for not selling my house when our son graduated as stated in the divorce decree

Will she have to give me the house or sell it and give me the amount of money started that she owes me

Neville Bedford
Neville Bedford answered on Oct 27, 2020

Talk to your attorney to help prepare and present your motion for relief.

2 Answers | Asked in Civil Rights and Criminal Law for Rhode Island on
Q: Is it excessive force if the police cause me to get stitches
Thomas Briody
Thomas Briody answered on Oct 27, 2020

It might be. But it’s the details that matter. You need to speak to a lawyer. Call one.

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1 Answer | Asked in Copyright for Rhode Island on
Q: Can a foreign rights holder issue a worldwide takedown on content they don’t own in the majority of the world?

Sony Pictures Network India issued a series of YouTube copyright strikes on my YouTube channel, leading to the channel being terminated. My videos contain plenty of NBA content, meaning that I do not own the rights to any of it, and Sony owns NBA broadcasting rights in India (and India only). Yet... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

If you are not abiding by YouTube's TOU then they have the ability to shut you down. Also, I'm not sure whether you're correct in Sony's ownership of the NBA IP in the USA. It's possible they own other types of non-broadcasting rights in the NBA IP in the USA that would... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: How does my boyfriend get the charges dropped?

Long story short my boyfriends grandmother was harassing and yelling at him to pick up two small stones of concrete. He told her to stop giving an attitude or he was not going to do so. She continued to follow him around the yard, as he opened my car door she then pulled my door back, pushed him... Read more »

Thomas Briody
Thomas Briody answered on Sep 30, 2020

Domestic charges are serious and potentially a felony depending on the grandmother’s age. Your boyfriend needs a lawyer. It may be possible to get the charges dropped, but there is no ‘one size fits all’ answer. Please contact and retain an attorney. Don’t try to do this alone. I hope... Read more »

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