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Rhode Island Family Law Questions & Answers
1 Answer | Asked in Family Law for Rhode Island on
Q: i have 2yr old twins that have a biological brother they should be able to meet. Can i advocate for them legally?
Neville Bedford
Neville Bedford answered on Jun 8, 2021

A family court lawyer can review the details of your particular situation in confidence and assist you in presenting your case.

2 Answers | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

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 »

Carl P. DeLuca
Carl P. DeLuca answered on Jun 25, 2021

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 »

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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... 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 Family Law for Rhode Island on
Q: I have physical custody of my 5yr old son in RI. Father who lives in Mass also wants physical custody. Can he do that?

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 »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

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 »

1 Answer | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: I am in the process of a divorce. I am pregnant with someone elses child. What steps would I need to establish paternity

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.

Neville Bedford
Neville Bedford answered on Jan 31, 2021

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 »

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 Criminal Law, Divorce and Family Law for Rhode Island on
Q: Is it ok for someone to dye your 6 yr old child’s hair

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..

Neville Bedford
Neville Bedford answered on Jul 6, 2020

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 »

1 Answer | Asked in Family Law and Probate for Rhode Island on
Q: Father passed away, had no will, wife received everything. She passed and gave everything to her kids, what can I do?

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 »

Neville Bedford
Neville Bedford answered on Jul 6, 2020

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.

1 Answer | Asked in Family Law for Rhode Island on
Q: I have been/am in a situation where I have been falsely accused of doing something and don’t know what to do about i

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 »

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Speak only with your lawyer. If you cannot afford private counsel, a public defender will be appointed to represent you.

1 Answer | Asked in Family Law for Rhode Island on
Q: Will my new wife be responsible to pay child support in the event I can't pay if I was medically sick?
Neville Bedford
Neville Bedford answered on Jul 6, 2020

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 »

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: State pressed the domestic charge. Not my wife or i our mariage fell apart. Im taking classes . can it be dropped.
Neville Bedford
Neville Bedford answered on Jul 6, 2020

Exercise your fifth amendment right and speak only in confidence with your attorney. After that case is resolved. contact a family law attorney to discuss Divorce options.

1 Answer | Asked in Family Law, Criminal Law and DUI / DWI for Rhode Island on
Q: If there was any way I wanted to find an arrest record on my father how would I go about doing that?

I know he kidnapped me, and I would like the record of that, but I also know he was arrested for something regarding a machete and I would like to either be able to read it or something.... possibly to get another restraining order but not sure yet. He contacted me after a while because I sent him... Read more »

Neville Bedford
Neville Bedford answered on May 15, 2020

Contact a lawyer to assist you. They have access to court documents. It sounds like you could benefit from some advocacy and professional assistance.

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 Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Rhode Island on
Q: What are my legal rights when I'm only tenant on my lease. My gf will not leave willingly

She has repeatedly threatened me to call police for no reason and have me removed out of my own place. I pay 1500 a month and she pays nothing. I'm trying to end this controlling relationship.

Neville Bedford
Neville Bedford answered on Dec 24, 2019

If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: I found out yesterday that my ex mother-in-law left my 9 year old daughter home alone for 15 min. Is this okay?

I am divorced and I found out yesterday that my ex mother-in-law left my 9 year old daughter home alone for 15 min because she needed to take my son to school because his bus never showed up at the bus stop. So instead of bringing my daughter with them to drop my son off, she left her home alone.... Read more »

Neville Bedford
Neville Bedford answered on Dec 16, 2019

If the child was not in danger, they may argue that it does not constitute neglect. Talk to your attorney about the possibility of a first right for parenting time when either parent is not available to care for the child . . . such as when one parent must be travelling for an extended period.

1 Answer | Asked in Family Law for Rhode Island on
Q: Can I stop this somehow or can he pay for this?

My ex boyfriend/daughter's father is trying to blackmail me with text messages by saying he will show them to my current boyfriend of almost 2 years just because he is unhappy with my relationship and wants to ruin it. Keep in mind my daughter and I live in my boyfriend's home so that... Read more »

Neville Bedford
Neville Bedford answered on Dec 12, 2019

How much do you want him to pay or is he asking you to pay how much? What Blackmail? Is it worth it? Ask yourself how bad are these text messages? Are they old/new? How much have you told your new BF so that he will be supportive and protective. If there is a recent threat of harm from... Read more »

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 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 »

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