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Rhode Island Child Custody 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 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 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.

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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2 Answers | Asked in Family Law and Child Custody for Rhode Island on
Q: Case Description Emergency motion question regarding returning daughter to unsafe situation

My daughter has been with me for summer visitation since june14th. I have concerns about her safety with her mother so I haven't returned her to her mother. Today her mother filed an emergency court motion and the judge ordered me to bring her back and gave us a court date of August 18th.... Read more »

John LaRochelle
John LaRochelle answered on Jul 24, 2020

You must comply with the court's order. There is no excuse to fail to do so. If you feared so much for you child's safety, you should have filed your own motion, requesting the court to order you not to return your daughter to her mother. If your concern is so great and your daughter is... Read more »

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1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: can a minors legal guardian keep custody over biological father in court

if so what type of information should be brought to court proceedings to help keep minor child with legal guardian

Neville Bedford
Neville Bedford answered on Jul 14, 2020

If a Guardian has been appointed. The father will be well advised to work with their attorney to present evidence of a significant change in circumstances to support a proposed modification of the arrangement, along with supporting evidence significant enough to meet their burden to show that it is... Read more »

1 Answer | Asked in Child Custody for Rhode Island on
Q: I’m 17 in Rhode Island and my parents are separated if I really wanted to could I be emancipated I will be 18 nov 1st

I live with my mother but I’m very unhappy and we constantly fight and I’m constantly being made to feel like an object and my father has 3 kids and is working very often meaning he’s never home so my step mom takes care of all of them meaning I can’t live with him and I don’t have any... Read more »

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Once you have graduated from High School and attained the age of 18, you are legally considered emancipated. At $200 per week, you will likely need to find housing that costs you less that $350 per month.

Start saving your money for a deposit on your new place and good luck to you.

1 Answer | Asked in Child Custody for Rhode Island on
Q: Son’s father took me to a family emergency court he is a toxic person. Drinking drugging selling has illegal gun.

So how do I prove he is unfit ?

Neville Bedford
Neville Bedford answered on May 6, 2020

Hire a good lawyer to help you prepare and present your case.

2 Answers | Asked in Family Law and Child Custody for Rhode Island on
Q: May I take minor out of country on vacation without consent from the other OCONUS parent? I have placement, RI.
John LaRochelle
John LaRochelle answered on Apr 10, 2020

If you have sole custody, you are able to take your minor child out of country on vacation without consent from the overseas parent. Otherwise, you need the permission of the child’s other parent, whether or not he or she is OCONUS. I strongly recommend that you get that permission in writing.... Read more »

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1 Answer | Asked in Child Custody and Child Support for Rhode Island on
Q: How does shared custody and shared placement of minor children in RI affect previously established child support order?

Child support order was established when mother had sole custody and placement. Now both parents have shared custody and placement. What title of the General lawd of RI can I find this information?

Neville Bedford
Neville Bedford answered on Jan 31, 2020

Oh dear Lawd, http://www.cse.ri.gov/ has information including guideline worksheets. For best advice and results retain your attorney to assist you in making the appropriate motions and modifications.

1 Answer | Asked in Child Custody for Rhode Island on
Q: How do i get sole custody of my daughter due to her getting pregnant at 12yrs old mom hid it from me for 5months

We have joint custody we have 3 minor children together mom has placement. She ous suppose to communicate with me but doesn't. She constantly moves never in the same place for more than 6 months sometimes it takes me quite some time to findout new address and she never tells me what school my... Read more »

Neville Bedford
Neville Bedford answered on Jan 24, 2020

Call the RI bar association for a referral. You may qualify for a reduced fee attorney. Good Luck.

1 Answer | Asked in Child Custody for Rhode Island on
Q: How can i get full custody of my daughter i just find out today she is pregnant she is 12 we have joint custody

We have joint custody mom has placement

Neville Bedford
Neville Bedford answered on Jan 22, 2020

I would suggest you meet with and discuss all of the particulars in private with a practicing family law attorney. There will be considerations for both generations to be addressed, including the new father's role in supporting your grandchild as well.

1 Answer | Asked in Child Custody for Rhode Island on
Q: Is it okay for a Rhode Island family court judge to change a custody order for someone he has hired to do renovations

A non-custodial parent meets a certain judge he's hired to do Renovations on his home a deal is made later on in exchange for some of the work that's being performed he's going to change a custody order for this person in drag out a custody hearing the individual over a year later is... Read more »

Neville Bedford
Neville Bedford answered on Jan 10, 2020

Talk to your lawyer. They will be able to advise you according to the specific facts of your case.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Rhode Island on
Q: How can a grandparent end guardianship when the parents refuse to take the child back? Troubled teenager.

Divorced parents don’t want teen and refuse to take him. Teen needs to be removed from grandparents home. Who can physically remove the teen?

Neville Bedford
Neville Bedford answered on Nov 21, 2019

Children who are unwanted by parents and guardians oft end up in state custody. Meet with your attorney, either the one who assisted you with the Guardianship, or any other attorney of your choice, to discuss your options.

1 Answer | Asked in Child Custody for Rhode Island on
Q: my granddaughter lives in Massachusetts I live in Rhode Island I had custody of my granddaughter when she was young her

her dad my son passed away he lived with us as well she now lives with mom and is very unhappy and wants to live with me and my husband.She has been telling me things an 11 year old should not deal with she is stressed if mom finds out she told someone what is going on.She makes her lie to guidance... Read more »

Neville Bedford
Neville Bedford answered on Nov 5, 2019

Meet with and retain an attorney to help you best present your case.

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can i file for custody and a visitation order if i dont know the other parties address?
Neville Bedford
Neville Bedford answered on Oct 10, 2019

You could, but it may be pointless. Even if the court allows you to give notice by way of (very expensive) advertising, you will still not know where to find your children should the court grant your prayer for placement of the child(ren). An experienced family court attorney will likely have some... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Rhode Island on
Q: I have a friend who was 16 years old when he got a 14 year old pregnant. Can he get in trouble now that he’s an adult?

No statue of limitations and it’s been 4 years 5 months

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Depends on the statute of limitations and how much time has passed

1 Answer | Asked in Divorce and Child Custody for Rhode Island on
Q: Can i lose custody of my children because I'm dating my cousin
Neville Bedford
Neville Bedford answered on Oct 2, 2019

It's hard to say on that one fact. For a complete analysis, meet with your attorney and discuss all of the details in private.

1 Answer | Asked in Child Custody and Child Support for Rhode Island on
Q: A court order reads parties shall share joint custody and placement shall be with mother.

Does this mean the father has 50/50 placement rights or does the "joint custody" generally describe legal custody and placement is with mother and father receives visitation?

Neville Bedford
Neville Bedford answered on Sep 7, 2019

generally describes legal custody, and (primary physical) placement is with mother, and father receives visitation(now called Parenting time), and pays support consistent with guidelines now in effect.

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