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Rhode Island Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Rhode Island on
Q: Joint physical custody in ri. Can I pick my son up of the other parent is trying to with hold child?

I share joint physical custody of my son and the other parent has placement. The other parent is with holding the child. I want to know my rights and if I am breaking any laws if I show up to pick him up

Neville Bedford
Neville Bedford
answered on Dec 1, 2016

If you do not have an order for your parenting time, you may need to file a motion in the family court. If you do have an order, consult with the local police to see if they will assist. If that is not productive, retain an attorney to assist you in filing the appropriate motions with the family... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: Can final decision making ability ever be modified in a custody agreement?

The parent who has that ability is not including the other parent in the decision making regarding the children at all. The parents have joint legal custody. Thank you

Neville Bedford
Neville Bedford
answered on Oct 21, 2016

I am not sure of your particular facts but in some cases the court may entertain motions to modify prior orders based on changed circumstances. Set up an appointment with your favorite family court lawyer to go over your situation.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: My brother and sister in law took my child, went out of state and then filed papers to get custody. They won't let me

They won't let me see or talk to my 2 daughters. What rights do I have as the biological mother.

Neville Bedford
Neville Bedford
answered on Oct 19, 2016

You should meet with and retain an attorney to help you as soon as possible.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: My husband owes RI $19,000. The twins are in their 40's & their mother is deceased. Any possible modification options?
Neville Bedford
Neville Bedford
answered on Oct 19, 2016

This is a great question for him to discuss with his attorney. They will be able to research the matter and discuss options. It is not appropriate for a lawyer to discuss a case with anyone except the party - except when that party gives express permission (even with a wife) . . . and not advisable... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: If I have full custody and placement of my children and their father has yet to petition for visitation can I moveout RI
Neville Bedford
Neville Bedford
answered on Sep 26, 2016

To be sure, review the court orders with your favorite family court attorney to make sure all of the documents are in order before you implement your travel/relocation reservation/plans.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: If i get back together with my husband but have a custody order do we have to go baxk to court
Neville Bedford
Neville Bedford
answered on Sep 19, 2016

Talk to your lawyer about the necessity of modifying the court order to reflect the actual circumstances. Depending on what it says, they will best be able to advise you what changes are necessary, if any. If you don't have a lawyer, consider contacting one of the fine attorneys here on Justia... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: Husband. And i got back together but there is a custody order in place what do i do
Neville Bedford
Neville Bedford
answered on Sep 19, 2016

Talk to your lawyer about the necessity of modifying the court order to reflect the actual circumstances. Depending on what it says, they will best be able to advise you what changes are necessary, if any. If you don't have a lawyer, consider contacting one of the fine attorneys here on Justia... View More

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: My ex husband has sole legal custody of my 3 year old son but left the state without my permission. What can I do?

I do have visitation rights every weekend but he isn't giving me any visitation. It's been almost a month since I've seen my son & he isn't cooperating with me at all. He refuses to give his address to me so he can be served to go to court. I'm afraid I'll never... View More

Neville Bedford
Neville Bedford
answered on Aug 31, 2016

If you already have a court order for visitation, you can file a contempt motion with the court. It will be important to get him served with the motion so you will need to find out where he is living. Many family lawyers face this problem regularly and have some methods of discovering the address... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Rhode Island on
Q: Child Support in Rhode Island - I was court ordered to pay child support in the amount of $150 per week in 2005.

Since roughly 2012 my daughter stays with me almost every night of the week. She hasn't stayed at her mothers house more than 10 nights since 2012. Its by my own choice and the choice of my daughter that she stays with me. The mother has custody but doesn't mind if she stays with me... View More

Neville Bedford
Neville Bedford
answered on Aug 31, 2016

Meet with a family law attorney to discuss a motion to modify your case. Bring all of the prior orders and discuss what you are trying to achieve.

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: If a custody agreement is modified so both parents have equal time with the child, is there still a support obligation?
Neville Bedford
Neville Bedford
answered on Aug 21, 2016

http://www.cse.ri.gov/documents/admin_order2007_03.pdf in some cases, yes. Meet with a family court attorney to go over the calculations.

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: if an underage child like 14 years old wants to live with her friend and her friends parents because the girls parents

are moving to florida and she wants to stay with her friend and her friends parents in Rhode Island would that be possible and how?

Neville Bedford
Neville Bedford
answered on Aug 21, 2016

Most easily this could be arranged if the parents could all come to an agreement. . .

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: What are my options when the non custodial parent does not show up for court ordered supervised visitations?
Neville Bedford
Neville Bedford
answered on Aug 21, 2016

Worry not, your lawyer, and the judge will receive reports from the supervised visitation unit.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I have sole custody he's serving 18 months at aci

He commitem felony assult during his parenting time and I can't bring her because I'm on probation will the judge make me let his parents bring her? He has proven to be unstable and my daughter has no bond with him even tho he has had visits with her but it's always been his family... View More

Neville Bedford
Neville Bedford
answered on Aug 21, 2016

Work with your attorney to ensure the best interests of the child are addressed properly.

1 Answer | Asked in Constitutional Law, Criminal Law, Family Law and Child Custody for Rhode Island on
Q: My sons mother assaulted me. I went to the police ,they issued a warrant for her arrest, she took my son. What can I do
Neville Bedford
Neville Bedford
answered on Aug 21, 2016

This sounds like a complicated family/criminal law situation that will most likely require the professional assistance of a practicing family court attorney to address. Contact and meet with one soonest for a private consultation.

1 Answer | Asked in Child Custody for Rhode Island on
Q: If we're in a custody battle and the father has sole custody I have supervised visitations. Can I move 1 state over

As long as I continue to go to my visits. Or is tht considered abandoment

Neville Bedford
Neville Bedford
answered on Aug 21, 2016

Talk to your attorney about a petition to get permission of the court. If the move is deemed in the best interest of the child, the court may grant your request. Hypothetically, for example, if you are moving to attain affordable housing and a paying job that will enable you to provide child... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Rhode Island on
Q: My ex husband was charged with DA and DDC. It's a first offense, but I'm 16 weeks pregnant. Does that effect his penalty

It was logged as a simple assault, but the domestic advocate told me to be sure I tell the prosecutor that I am pregnant and that he is fully aware of it. I am in the middle of a custody dispute for our son, and he's acted out more than once in front of my child against me. I'm just... View More

Neville Bedford
Neville Bedford
answered on Aug 21, 2016

Work with your attorney to ensure the case is well presented.

1 Answer | Asked in Child Custody for Rhode Island on
Q: if two parents were never married and split up who has custody
Neville Bedford
Neville Bedford
answered on Mar 31, 2016

Once a petition is filed with the family court, the parties may decide placement, custody, support, and parenting time, with the help of the judge if necessary, and then there will be orders of the court that will become the "law of the case"

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I have hearing for custody of my son in Mass.. I was not formally served. The child is in temporary home.

Should I have been served. I found out from the father,s friend social media. Should I have been served via the court ?

Neville Bedford
Neville Bedford
answered on Mar 31, 2016

Yes, but if you have moved and not notified the court, they may not have your current address. Also once you are served by the court following dates are often noticed to you during your attendance at court hearings. Custody of ones child is a most important matter and I would strongly advise you to... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: An I leave the state?

Can I leave the state with my kids? There was a case but it was only open because their mom who died last week. Which means I have full custody now.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

Sorry to hear of the children's mothers death. Double check to make sure the case is not still open to be sure you are not in violation of any court orders. There may be a possibility the children are in DCYF legal custody. Speak to your attorney before leaving.

1 Answer | Asked in Child Custody for Rhode Island on
Q: If the father isn't on the birth certificate and hasn't been for two & half years but has physical custody could I leave
Neville Bedford
Neville Bedford
answered on May 12, 2015

If you leave and the father has custody, he may petition the court to determine his paternity, establish (possibly sole) custody and possibly terminate your parental rights if he convinces the judge that you have effectively abandoned this child by your departure. retain an attorney to assist you... View More

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