RI Family Court attorney, David Slepkow discusses three important family Court issues:
- Bringing a child to Family Court
- Father’s day visitation
- Parent’s obligation to notify child support enforcement when change of employment
Bringing a child to Court
Do not bring your children to Court unless the judge specifically requests that they attend Court to be interviewed. Some people incorrectly feel that it is appropriate to bring their children to Court to “talk to the Judge” or tell their side of the story.
Bringing your child to court uninvited will only upset the judge. Also, not all Rhode Island Family court judges will interview children concerning their preference in a RI Custody case. Some judges will appoint a guardian ad litem for the child or have family services interview the child.
It is generally not recommended to bring a child to a divorce or child custody hearing in court unless specifically required (Judge requests). Here are some reasons why:
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Emotional Impact: Court proceedings can be stressful, tense, and emotionally charged. This environment may be unsettling for a child and can cause unnecessary anxiety or confusion.
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Child’s Well-being: The hearing may involve sensitive topics, such as the parents’ relationship, financial matters, or other issues that might be distressing for a child to hear.
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Legal Procedures: In many cases, the child is not directly involved in the legal proceedings unless they are old enough to provide their input (in some cases, judges might appoint a guardian ad litem or allow the child to testify). Children are usually not present in the courtroom unless absolutely necessary.
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Judgment from the Court: Bringing a child to court may not be looked upon favorably by a judge, as it can be seen as putting the child in a difficult or inappropriate position.
If your child needs to be involved in the custody decision, there are ways to do so appropriately. For example, in some cases, a child may speak with a therapist or a court-appointed professional to help the judge understand their feelings, but this is typically done outside of the courtroom.
Fathers visit on fathers day!
A father should always get visitation on Father’s Day. A mother should always get the children on Mother’s Day. All RI Custody and visitation agreements should set forth these basic tenets. The Rhode Island Family Court Order should indicate that if Father’s Day falls on father’s off weekend then the visitation schedule should be altered. Ditto for Mother’s Day.
This is just common sense. However, common sense is often thrown out the window in Visitation and child custody feuds in Rhode Island Family Court. Even if your visitation order does not allow father to visit on Father’s Day you should still make every effort to allow such visitation!
If you need legal representation in a Rhode Island Visitation or child custody matter, please call RI family Attorney David Slepkow.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice