- Do not exaggerate or embellish your case at a hearing in front of a Rhode Island Family Court Justice or Magistrate. Credibility and Perception is of the utmost importance in Providence Family Court. If the judge does not perceive you as credible concerning certain allegations or representations, she may not perceive you as credible about everything in your divorce, visitation or RI custody case.
Perception is reality in Family Court
- Exaggeration and speaking in black and white is also a major problem. Family court is often not black and white and is all about shades of gray. Remember PERCEPTION IS REALITY in RI family Court. The Kent County Family court magistrate or justice does not know you, your ex-spouse or ex-boyfriend or anything about the Family Court case until he hears the matter in Court. How the judge perceives you in the few moments of your custodial hearing will be a reality not a perception.
Restraining orders not for leverage
- Do not get a restraining order unless you are really in fear of your spouse, ex-husband, ex -wife or significant other or were actually abused. Restraining orders are not to be utilized to get leverage in your RI child Custody case. Rhode Island restraining orders and RI Complaints protection from abuse are serious matters that may subject the perpetrator to criminal sanction and potential jail time.
- “Rhode Island Family Court Constables and Sheriffs, unfortunately, devote too many resources to unwarranted and unjustified temporary protection from abuse complaints. The police also devote too many resources enforcing unjust temporary protection from abuse orders. These unjustified restraining orders clog the system and actually hurt legitimate victims” Denying some Rest. Orders & Sanctions best way to help Domestic Violence Victims http://rhodeislanddivorcelawyerarticles.com/temporary-restraining-orders-domesticviolence/
Paternity in Rhode Island
- You have the right to clear the courtroom in a Rhode Island Paternity case under Rhode Island Paternity law. If this privacy is important to you then go for it. However, keep in mind that if you request a private court hearing you may be put to the end of the child support and Paternity calendar. Ask yourself if this is really necessary since it is burdensome on the Court and the clerks.
- I do not see my name on the court calendar in Court for my paternity case? Paternity cases in Rhode Island are not on the public calendar list. You should ask the states’ paternity lawyer or a clerk if you are in the right place.
- Do not request sole custody of your child unless you have the facts to back up this custodial request. In order to obtain sole custody you need to establish a serious drug or alcohol problem, a serious criminal history, history of serious domestic violence, little to no relationship between a parent and child or a tempestuous war between you and the other parent.
- “Sole custody has really become a relic of the past and should only be implemented in the most extreme circumstances in my opinion. Both a father and mother should be involved in decisions concerning their child except under extreme circumstances.” Should sole custody be abolished in Rhode Island? http://rhodeislanddivorcelawyerarticles.com/should-sole-custody-be-abolished-in-rhode-island/
No piling on
- If you opponent is on the ropes with the judge based on their own nefarious or incorrect actions keep your mouth shut. In other words do not pile on. Smirking or piling on when your opponent is self-destructing or on the ropes is bad form and tends to switch the judges attention to your conduct. In other words if your winning keep your mouth shut.
- Do not interrupt the other lawyer unless absolutely necessary. These interruptions tend to irk and annoy the trial judge. I must admit that there are certain occasions when an interruption may be necessary but be savvy about this.
- Do not throw your Rhode Island divorce lawyer or the opposing counsel in front of the bus at your RI family Court hearing.
Experienced Rhode Island divorce lawyer, David Slepkow (401-437-1100) provides some random thoughts and advice concerning Divorce and child custody causes of action in Providence family Court.