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Rhode Island Child Custody Questions & Answers

1 Answer | Asked in Child Custody for Rhode Island on

Q: I currently have joint custody with a court order on a set schedule. He refuses to return my son today.

Is there anything that can be done? This is the second time he’s done this.

Neville Bedford answered on Jul 22, 2019

Contact your lawyer and have them file the appropriate motion to get this in front of a judge to hold him in contempt of the court's order.

1 Answer | Asked in Child Custody for Rhode Island on

Q: What can a person do if they believe their case was lost due to judge and plaintiff having friendship prior to the case

Custodial loses placement after non-custodial makes false allegations which are proven unfounded by dcyf custodial fights case for a year judge does not listen to evidence judge does not allow for a hearing judge continues case constantly for over a year information has come forward that plaintiff... Read more »

Neville Bedford answered on May 22, 2019

Talk to your attorney if you are want to take an appeal from the judge's decision. If your attorney is not willing to represent you for the appeal, consult with another attorney soonest. There is a limited time to file an appeal.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on

Q: Can I travel on vacation with my daughter without my husbands consent?

Neville Bedford answered on Feb 27, 2019

This question gives rise to so many more questions. Are there court orders to the contrary? Is there a divorce pending in the court? Do you have a lawyer? Have you read the automatic orders of the family court? Why does your husband not consent to his daughter having a vacation with her mother ? Is... Read more »

1 Answer | Asked in Child Custody for Rhode Island on

Q: in a situation of shared custody and the custodial parent moves to a shelter 6 months after informs the secondary party

me & my son moved from the home we shared with his mother my mothers house and went into shelter after a domestic violence situation in search of housing i'm working and he's in daycare and she she filed an exparte to modify physical custody but i have evidence and witnesses of neglect and or abuse

Neville Bedford answered on Feb 27, 2019

Meet with and retain an attorney to assist you. If you cannot afford to hire an attorney, check with RI Legal Services to see if you qualify for their assistance.

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on

Q: Can I move out of state for a job advancement with my 2 children if I have sole legal and physical custody?

I have sole legal and physical custody of my 2 children. Mother lives in the next state over 30 min away. We want to move south about 12 hours away. She has not made contact with me to see them in 9 months. There is no visitations set up at all as she skipped the last 2 court dates. I have had them... Read more »

Neville Bedford answered on Jan 29, 2019

Meet with your attorney to review the court orders in your particular case.

Also, you may consider retaining your private attorney to press for the child support you seek.

1 Answer | Asked in Child Custody and Child Support for Rhode Island on

Q: If a father owes 20 grand in back child support and you hasn’t seen there child in 10 years. Do they have rights

Neville Bedford answered on Jan 28, 2019

Most confusing question - - the child? The CP/NCP Parent ? Rights ? Yes, obligations to pay and/or collect those funds continue separately from any other rights either parent may have.

1 Answer | Asked in Child Custody and Family Law for Rhode Island on

Q: My ex has filed contempt charges in our child custody. Not sure how to answer

He is an alcoholic, I have a no contact order against him, he does not pay child support, he has no license so I do not want my daughter in a car when he drives, I have many police reports against him for his abuse and harassment. Not sure what I need to do to answer and file for a countersuit for... Read more »

Neville Bedford answered on Jan 16, 2019

A lawyer is what you need to assist you. You may qualify for a reduced fee attorney through the bar association, or a no cost attorney through legal services.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on

Q: My ex and I signed an agreement that we would not have an overnight Guest of the opposite sex with our daughter present

He will not give me a straight anser if he is having an out of town female he is dating visit this weekend when he has my daughter , because he will not answer me i allowed to not let him take her Saturday morning without a straightforward answer to my question ?

Neville Bedford answered on Sep 24, 2018

Check with your attorney. If you don't have one, it would be a great idea to meet with one to address custody, support, and visitation with enforceable orders.

1 Answer | Asked in Child Custody and Child Support for Rhode Island on

Q: Child is 5, father doesnt pay for nothing, didnt pay child support when on restraining order. What can be done?

My son's father doesnt do anything. I pay the bills for everything from food to medical bills. There was a restraining order for a year where he had to pay child support but never did. Its been 5 years and he just recently had him for 2 weeks straight. Any other time its only 3 days probably once a... Read more »

Neville Bedford answered on Sep 24, 2018

It sounds like you would do well to secure an attorney to assist you in pursuing the issues you mention. Meet with an attorney to explore court options to establish custody and support, or if you have an M case open already, seek counsel to enforce the support order.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on

Q: Ex has our daughter. Refusing to give he to me

I've been tryin to contact dcyf investigator for days and having heard from themI have to be spoken to any dcyf worker. How do I know if he has custody. I tried gettin daughter back after he took her for the night refused then gave my parents info on him gettin full custody from dcyf. Again no one... Read more »

Neville Bedford answered on Sep 18, 2018

It's nary impossible to determine whom may be lying about what on the scant information provided. If you are working with an attorney in your DCYF case, contact them. If you can afford to hire your own attorney, that is a great idea. There should also be a social worker assigned to the case that... Read more »

1 Answer | Asked in Child Custody and Child Support for Rhode Island on

Q: 3 month year old daughter and her father does not help me with anything since her birth can I put him on child support

Neville Bedford answered on Jul 18, 2018

If you are receiving benefits (health insurance or other state assistance) cooperate with the State Child Support Enforcement attorney. If you can afford to hire a private attorney to help you, it would be a good investment in your child's future.

1 Answer | Asked in Child Custody for Rhode Island on

Q: Pregnant again after losing custody of prior children. Will the state take this child too?

Neville Bedford answered on Jun 9, 2018

When a parent has their parental right terminated, a red flag is placed in the DCYF system such that they have an interest in ensuring the well being of any subsequent children. Congratulations on your expected child. Meet with, and retain an attorney to assist you should the state decide to... Read more »

1 Answer | Asked in Divorce and Child Custody for Rhode Island on

Q: Husband is cheating and verbally abusive to me and kids. I have family out of state. Can we go and I start a case there?

We are married. He is cheating and is verbally/emotionally abusive along with a history of drinking. I have family out of state that have opened their doors to the kids and me. Can I bring the kids there for safety and start a case for separation from the new state?

Neville Bedford answered on May 27, 2018

You may file the case in Rhode Island. The other state may have a residency requirement that could cause you to have to wait for up to a year before filing. Meet with a Rhode Island Divorce attorney to explore your options soonest.

1 Answer | Asked in Child Custody for Rhode Island on

Q: My 2 year old has been with me since birth. Her father is the non custodial parent paying child support. He wont answer

Or return any of my calls. I have sent the police to do a welfare check. He called and they said they couldnt do anything because he had a restraining order being processed. Restraining order was denied because I dont neglect my child. Working is not grounds for neglect. I cant get assistance right... Read more »

Neville Bedford answered on May 27, 2018

Hire an attorney.

3 Answers | Asked in Child Custody, Child Support and Family Law for Rhode Island on

Q: Mother has taken full sole custody. How is she able to still take me for child support?

Randi Sirlin answered on Apr 19, 2018

The Courts in Arizona view child support as completely separate from child custody. Unless someone else has adopted your children, a parent has a duty of support.

I hope this helps!

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1 Answer | Asked in Child Custody for Rhode Island on

Q: If a judge ruled the mother a 3 year restraining order & full custody of the child can the father appeal that decision ?

Neville Bedford answered on Mar 25, 2018

Yes, the appeal (and/or motion for new trial) must be timely filed or the right may lapse, Speak to your attorney soonest to discuss costs and potential for success

1 Answer | Asked in Child Custody and Family Law for Rhode Island on

Q: Family

Supervise Visit 1a Week I been showing up every week early if anything get there with my 2 kids and they do not wanna go up it’s at the court house the case worker comes down and gets the kids who r age 13 and almost 11 they do not wanna go my oldest says please don’t make and my 11 y/o says... Read more »

Neville Bedford answered on Mar 11, 2018

Yes, if you do not follow the court's order, you can get int trouble. Speak with your attorney to document your concerns. They will have a written report from the unit that will be sent to the judge in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Rhode Island on

Q: Is there such a thing as shared physical placement in RI?

Neville Bedford answered on Mar 2, 2018

Yes, when both parents freely agree to share equally all parenting obligations. Arrange a visit with your favorite family attorney to discus the particulars in a private meeting.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Rhode Island on

Q: What does a TRIAL DEPOSITION IN DCYF CASE mean?

just had court for my 5 month old who was taken from the hospital, the judge said that we're going back to court in May for Trial deposition what does that mean???

Neville Bedford answered on Feb 17, 2018

What is DEPOSITION?

The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Rhode Island on

Q: How do I support my case to have physical placement of my child? Shared placement does not work with dads work schedule.

I supported half our income on part time and am available most days to bring/pick up our son to school. I believe it would be in the best interest for him to have physical placement with me versus what his father wants which is shared placement (50/50). However, he works full time with many times... Read more »

Neville Bedford answered on Feb 17, 2018

If you and your child's father cannot resolve it, work with a practicing family court attorney to help prepare to present your case.

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