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Rhode Island Child Custody 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 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 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

1 Answer | Asked in Child Custody for Rhode Island on
Q: What do I need to file emergency custody of my child?
Neville Bedford
Neville Bedford
answered on Apr 25, 2023

Retaining competent representation would be your best path to avoid procedural problems.

1 Answer | Asked in Child Custody for Rhode Island on
Q: If a mother resides in Massachusetts but has her baby in a Rhode Island hospital, can RI dcyf take the child

There is a RI dcyf case for previous children but the baby was removed for lack of housing in RI. Mother had housing in MA.

Neville Bedford
Neville Bedford
answered on Nov 17, 2022

yes

1 Answer | Asked in Child Custody for Rhode Island on
Q: How can I go for custody for a child ?

The child is my husband 13 year old nephew. His mother abandoned him years ago due to her being mentally ill and then his father passed away so now he has no guardian but lives with us.

Neville Bedford
Neville Bedford
answered on Nov 2, 2022

You and your husband are well advised to speak with your friendly local family law practitioner in private to explore your options to continue caring for this child. Options to explore may include adoption and/or guardianship.

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, 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 Child Custody and Child Support for Rhode Island on
Q: Zoom child custody case. The other party did not submit for entry. Well the judge still hear the case?

Wondering if I should advise the party to submit or leave it be as it’s their responsibility.

Neville Bedford
Neville Bedford
answered on Dec 6, 2021

Likely yes, especially if they appear, assuming service was proper.

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, 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... View 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... View 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
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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... View 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
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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... View 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.... View More

John  Larochelle
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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... View 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... View 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... View 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
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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.... View More

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