RI Domestic Relations & Family Court

I take great pride in this Rhode Island, Child Custody and Family Law Blog. I decided to create this blog when I realized there was a complete lack of reliable, in depth and informative websites concerning RI Family Law on the internet. This Website contains in depth information concerning all aspects of Rhode Island Family law. This info includes:  paternity, divorce, child support, child custody, uncontested divorce,  child Visitation, DCYF,  adoption, restraining orders, and Rhode Island Criminal Law.

There is no cookie cutter info on this Blog!

I created this  Family Law blog because I could not find good RI Family Court Information online. Almost all of the information I was able to find was cookie cutter information such as ‘divorce is a difficult time in your life’, ‘ you will need an experienced lawyer to guide you in your child custody case,’ ‘you have a right to child support based on the parties income’ I hope that this Family Law Blog will help explain the complex, confusing end emotionally charged world of Rhode Island Family Court. I do not recommend going through this complex process without a RI Attorney representing you.

Top Rhode Island Family Lawyer, David Slepkow 401-437-1100

If you need legal assistance please contact Top Rhode Island family lawyer, David Slepkow 401-437-1100. Attorney David Slepkow has 18 years of experience in Rhode Island Family Court. David is a partner and owner of  Slepkow Slepkow & Associates Inc. which  was established in 1932.

Legal Notice per 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. “Today, high above the Rhode Island Supreme Court bench are inscribed Lord Coke’s words to the King of England, Non Sub Homine Sed Sub Deo Et Lege, or “Not under man but under God and law.” The story behind this quotation can be found in these pages. Its spirit is tightly woven into the fabric of Rhode Island justice. Only through law and its fair application are we a free, just and secure people. “ Paul A. Suttell Chief Justice of Rhode Island 

In my 22 years as a Child Custody Lawyer in Rhode Island Family Court, I have seen many mothers and fathers make dumb decisions during the course of divorce or custodial proceedings.  Prevailing in your Rhode Island child custody battle may be more about the mistakes that you avoid rather then the actions that you take. This article was authored by Rhode Island child custody attorney, David Slepkow. David is also a RI divorce lawyer.

Winning your Rhode Island Child Custody case by not making a dumb mistake!

The absurd and over the top mistakes described in this Rhode Island family law post, may impede your chances of obtaining placement of your child in Providence Family Court. These examples, set forth below, are ridiculous mistakes that I have witnessed in Rhode Island Family Court.

1. Do not post inappropriate material on social networks such as Facebook, Twitter or Pintrest. Any post which indicates that you use illegal drugs or otherwise do not exhibit good moral character, should be avoided. Your adversary in the RI divorce or custody case may be reviewing and copying your postings. A Facebook friend may be feeding crucial info to your ex-spouse or ex-girlfriend or even re-tweeting the post.

2. It is a very stupid idea to post negative content about anyone involved, in any way, in the Providence Family Court custody matter.
3.  Avoid expensive purchases or lavish trips when you are claiming you cannot afford RI child support. Also avoid these expenses when you are behind / in arrears of your child support obligations. These lavish expenditures may indicate to the Rhode Island Family Court Justice or General Magistrate that your failure to pay child support is willful and in bad faith.

4.  Do not blog about your case. Custody cases should be litigated in Providence Family Court  or Kent County Family Court not on a blog or legal website.
5. Do not make stupid arguments in your court proceedings. These silly musings may hurt your credibility, waste important Court resources and anger the judge. 8 Arguments that Don’t work in Rhode Island Family Court

6. Do not Coach your kids. Children are not good at lying especially to a seasoned Providence Family Court Justice. A malicious attempt to coach your minor child often backfires when the child informs the custody investigator about the wrongful and insidious coaching. The judge or custodial investigator (guardian ad litem) usually asks the child what the parents have told the child. Your child is not your friend or trusted sidekick in your Kent County Family Court proceedings. Coaching a child is emotional abuse and confusing to your child or children.

7.  Do not send inappropriate text messages, emails, Instagrams, tweets or voice messages.  These communications will be displayed to the Providence Family Court Judge. If you send such communications, you will be on a fast track to losing the case.
8. Pretend that everything is being taped. Parents often tape the other parent secretly.

15. Do not make disparaging commentary about the other parent while the child is present. These negative remarks may be detrimental to your children. They also exhibit to the Rhode Island Family Court Magistrate or General Magistrate that you don’t care about your child’s emotional well-being.
16.  Do not send drug, alcohol or chemically induced communications, text messages or tweets.
17. Do not Use Illegal Drugs. At any time during the Case you may be subject to drug testing. If you test positive you may end up with supervised visitation. It may also impede your chances of physical custody of your child.
18. Do not get involved in disagreements, allegations or act rudely towards the people who influence decisions in your case. You want these people to respect you and empathize with you on a personal level. Trashing the people who are influential in deciding your case is a bad idea. This specifically includes Psychiatrists, Psychologists and the person who supervises your visits. In one case, a woman and her husband slammed down their fist, became enraged and started shouting at the psychologist.
19. Do not write inappropriate letters to your child about the Custody Case. People do this. I can’t make this stuff up.
20. Do not refuse to provide ordered visits or fail to pay child support pursuant to valid Court orders. This just makes you look bad and can change the focus of the Providence Family Court Custody case. If you disagree with your visitation schedule, then you need to file a motion.
21. Do not appear for your Rhode Island Family Court hearing over-dosed on prescription medications.
22.  Do not fail to show up for the other parents supervised visit without good cause and without calling RI Family Services and the other parent. (Unless there is a restraining order)
23. Do not introduce the child to a new girlfriend or boyfriend while the cause of action is proceeding. It is particularly bad if this new flame has a criminal record, history of drug problems or a dcyf record.
24. Do not have overnight visitors of the opposite sex while the children are home. The Custody case is complicated enough and there is no need to get other people involved in the case.
25. Do not buy the child a huge gift the day before or the day of his interview with the judge. This looks like bribery to a judge. However, gamesmanship is a good idea. There is nothing wrong with a day at the amusement park the day before the meeting with the judge. Gamesmanship is okay. Bribery is not okay.
26. Do not leave the state without informing other parent of where you are going and when you will be returning. You must also provide contact Information.
27. Do not engage in confrontations with the other parent. Steer clear of these dangerous confrontations and inform you attorney. These confrontations often lead to restraining order complaints protection from abuse. Even if the confrontation is not physical and relatively harmless, the other parent may blow it out of proportion and use it to get an unfair advantage by pursuing a restraining order or instituting  criminal charges. Allegations of domestic violence could destroy your chances of getting physical placement or joint custody of your Child in Rhode Island Family Court .

Important Rhode Island Family Law tip:

Many people use the term “full custody.” This is not a legal term. Legal custody pertains to decision making and access to records and is either Joint Custody to both parents or Sole Custody to one parent. Physical Custody is where the child resides on a day to day basis and the other parent has visitation rights. There is also shared physical placement.

Rhode Island child relocation lawyer, David Slepkow answers several pertinent family law questions. These questions will be very informative to parents who seek to relocate with their child or children out of state. This post will be informative to parents who oppose such relocation.

If there are no Rhode Island visitation or custody orders regarding my child, can I relocate my child without the permission of the other parent?

This article only pertains to Rhode Island family law. Technically, if there are NO Court orders, it is not illegal to relocate your child out of the State of Rhode Island without the other parent’s consent. This is not kidnapping. However, you must notify the other parent where you are relocating to.

You must provide contact information. However, I strongly advise against relocating your child or minor children without the other parent’s consent.  This type of relocation under the cover of darkness can be very harmful to your child.

The other parent may file in Rhode Island Family Court seeking a temporary restraining order, ordering that you immediately return the child to Rhode Island.

This type of relocation of your children is at your own risk. You could pay a severe penalty! This type of relocation could cause you to lose physical custody of your child. If you are ordered back and you left without permission of the other parent this could seriously impede your chances to relocate the child in the future.

Can I relocate without Court permission after a Rhode Island Divorce or RI Child Custody case has been filed?

No. Upon the Plaintiff signing a Rhode Island Divorce Complaint, an automatic order enters preventing either party from relocating the child out of state without the other party’s consent until the Rhode Island Family Court Makes a decision. Please consult with Rhode Island Divorce Lawyer, David Slepkow.

If I have Court Ordered Physical placement but there is a Family Court ordered visitation schedule can I relocate out of Rhode Island (RI)?

No. However, you may be able to relocate if you still can comply with the visitation order wherever you are relocating.  You need to speak with a Rhode Island relocation attorney before effectuating such a move. For example, if the father has every other weekend visitation and the mother with physical possession wants to relocate to Canton Massachusetts, the mother may be able to legally move so long as the mother will still be providing father court ordered visits and all visitation and pickup and drop-offs remain the same.

If relocation will cause you to violate a Court order or Court ordered Visitation then you must file a motion to relocate out of state and change the visitation schedule. If you relocate and do not provide court ordered visitation you could be held in willful contempt and could potentially lose custody of your child or pay another penalty. If the other parent has “all reasonable rights of visitation” then you cannot relocate unless you can continue to provide reasonable visitation rights after the relocation.

What if there is already an order preventing me from relocating out of state?

If you relocate without Court permission, then you risk willful contempt and incarceration. You must file a motion to relocate. Please consult with Rhode Island Family Lawyer David Slepkow 401-437-1100. If you are found in willful contempt, the penalties could include incarceration and payment of the opposing party’s attorney fees.

Pursuant to RI Law, what is the proper way to relocate out of State Rhode Island (RI) with the children?

You must file a motion for permission to relocate the children out of state in Rhode Island Family Court. Please read the seminal case of Dupre v. Dupre which explains the standard for relocation in Rhode Island (RI). The general standard is the “best interest of the child”. Please consult with a Rhode Island Divorce Lawyer or a RI Child Custody Attorney to determine your chances to be able to relocate out of state. The standard for relocation is beyond the scope of this Rhode Island Child Custody Law Article.

What is the general standard for out of state relocation under Rhode Island Child Custody and RI Divorce Law?

There are many important factors set forth in Dupre. The general standard is the “best interest of the child.”

Shared Physical Placement in RI is when parents rotate parenting time with the children in a manner that is nearly 50 percent. This is also commonly described as “shared physical custody.” In some circles it is also described as “joint placement”. Shared placement could involve sharing a week, alternating weeks or months or any sharing arrangement which is nearly equal.

Shared Physical Custody

The Rhode Island Child Support Guidelines have been amended to provide a formula for shared placement. In many instances, the parties agree that neither party will pay child support to the other as a result of the fact that each parent has equal parenting time.

Some Judges do not like shared physical custody and will only acquiesce to it if the parties agree. Do not confuse Shared physical placement with Joint Legal Custody aka “joint Custody.” “Joint custody” means joint legal custody. This means that the parents will consult with each other about important decisions concerning the child and each will have full access to all records concerning the children.

Rhode Island child custody legal standard:

“This [C]ourt has held that child-custody awards must be made in the ‘best interest[s]’ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative; rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:

1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.” Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).  582 A.2d 909 (1990) Gregory J. PETTINATO v. Susanne L. PETTINATO.No. 89-56-A.Supreme Court of Rhode Island.November 30, 1990.*910 Joseph Sciacca, Palombo & Piccirilli, Providence, for plaintiff. Karen Pelczarski, William Landry, Blish & Cavanagh, Providence, for defendant.OPINION SHEA, Justice.)

 Family Law Citation:

“Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While most parents cooperate when it comes to sharing their children and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent yet difficult custody battles that become public via the media and sometimes distort the public’s perceptions so that the issues appear more prevalent than they are and the court’s response appear inadequate.” http://en.wikipedia.org/wiki/Child_custody

RI law: Courts may enforce and interpret marital settlement agreements from other states

Rhode Island General Law 8-10-3 specifically grants jurisdiction to the Rhode Island Family Court to enforce or interpret a property settlement agreement from another state.

RIGL 8-10-3 state,s in pertinent part: “(a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine……… antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship;    (### full text of jurisdiction statute below)

In Schwab v Schwab the Rhode Island Supreme Court stated:

“We have said that “the Family Court is a statutory tribunal whose powers are specifically granted by the Family Court Act. Christensen v. Christensen, 121 R.I. 272, 274, 397 A.2d 900, 901 (1979). Among these powers is the authority to “hear and determine all petitions for * * *enforcement of any order or decree granting alimony * * * of any court of competent jurisdiction of another state; [and] modification of any order or decree granting alimony * * * of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances * * *.” G.L. 1956 §8-10-3(a). (Emphases added.)

In Scheuerman v. Woronoff , a property settlement agreement case, the RI top Court determined:

“In Scheuerman v. Woronoff, 459 A.2d 957 (R.I. 1983), this Court was confronted with the question of whether the Family Court had jurisdiction to modify or enforce a settlement agreement that was incorporated by reference, but not merged in a final divorce decree of a New Jersey court. We interpreted § 8-10-3(a) and held that“[t]he plain language of the amended statute clearly confers jurisdiction on the Family Court to hear and determine matters pertaining to custody, support, alimony, visitation, property-settlement agreements, and contracts between persons who at the time of execution were husband and wife or planned to enter into such a relationship, even though these orders, agreements, or contracts may have originated or been executed in a foreign jurisdiction.” Scheuerman, 459A.2d at 959.”

“Here, as in Scheuerman, a foreign court of competent jurisdiction entered a final judgment of divorce, and a settlement agreement, which was incorporated by reference in the judgment, was executed by the parties in that jurisdiction. Consistent with our clear statement in Scheuerman, we hold that the Family Court had jurisdiction to decide Walter’s motion to set aside the Connecticut judgment and settlement agreement on the merits, and that the hearing justice committed a fundamental error when he denied that motion as well as the motion to reconsider.” SCHWAB v. SCHWAB.

TITLE 8 Courts and Civil Procedure–Courts CHAPTER 8-10 Family Court SECTION 8-10-3:

8-10-3 Establishment of court – Jurisdiction – Seal – Oaths.  (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to § 15-23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any disability requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of § 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with §§ 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with §§ 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

(e) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.

(f) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15.

[See § 12-1-15 of the General Laws.]

(g) Notwithstanding any general or public law to the contrary, the family court shall have jurisdiction over all protective orders provided pursuant to the Rhode Island general laws, when either party is a juvenile.

Rhode Island divorce attorney, David Slepkow authored this post concerning post divorce litigation in Providence Family Court