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?
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...Read more »
My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.
Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.
Ex Party being your co-parenting partner with whom you cannot come to an arrangement focused on the best interest of the child? Meet with your attorney to go over all the details to see if this "changed circumstance" supports a revision of your previously ordered support obligations.
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... Read more »
My 90 year old dad recently lost his wife of 30 years. When he married her, he moved into her house which was in her name. He has contributed to this house for the 30 years he has lived in it. Deceased wifes children have told him that nothing in the house belongs to him and he is entitled to... Read more »
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...Read more »
Out of state (different state) next summer. We have nothing filed legally with the court. We were never married. He is on the birth certificate. Do I need to do anything other than inform him that I’m planning to move?
If you are all in agreement and he supports the move, you may not need to involve the court at all. It is surprising to hear there is no court involvement. Hopefully that also means you have a fair agreement for him to provide support for your child.
My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much... Read more »
Unless the child support order that you currently have was separated into two amounts, one for each child, you are going to want it to be modified because that order won't be reduced to an amount appropriate to one child on its own. Either parent can move to modify based on a change of...Read more »
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...
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
My wife and her family decided to dye my child’s hair....My wife is not telling the truth and has my child lying also....This is in R.I.....BTW my wife has DCYF on her case because she drinks and urine(s) came back dirty..
Meet with your attorney and prepare to present this to the court. Bring all of the impeaching evidence you have to help your attorney expose these lies along with copies of the prior court orders, if any, that prohibit hair dying. DCYF will also likely be interviewing you if they are following up...Read more »
My Father passed away in 2012, his next of kin was his wife, so she received his Veterans Burial Flag. She had passed away in 2019, I just found out. She gave my Father’s flag to her grandson, I was my Father’s only biological child and they had no children together. With my Father’s death, I... Read more »
Consult with a local attorney to review the case that was likely filed in the town where they passed. If the will was filed and no objection was timely filed, you may not have a remedy. For peace of mind, the consultation may be worth your while.
They are family members. One of them is diagnosed mentally ill, the other is not. However they have both tried to pin their shortcomings on me repeatedly and even had me arrested and hospitalized and have been doing so since I was a young child. I tried to file a domestic violence restraining order... Read more »
Medical sickness can have a negative impact on one's income and ability to pay. As soon as you know you have this condition, file a petition with the court to modify your obligation due to the changed circumstances (they are generally not retroactively allowed) . If you and your new wife have...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.