RI Divorce, Child Custody & Family Law Center

Best Source of Rhode Island Family Court Info

RI Domestic Relations & Family Court

Facebook & Custody Spy Battle- Unbelievable Facebook Double Sting

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Digital Detectives: Custody Battle Leads to Facebook Double–Sting …

Facebook spy vs. spy double–sting custody battle – Computerworld …

Digital Detectives: Custody Battle Leads to Facebook Double–Sting …

Facebook, MySpace and Twitter Evidence in Custody Battles and …

Be Careful with Facebook During Divorce or Child Custody Case

Growing Use of Facebook in Divorce, Child Custody, Support Cases …

Facebook Evidence in Custody Battles | Fathers’ Rights<br>Not Just …

Facebook spy vs. spy double-sting custody battle – Computerworld …

Facebook Provides a Wealth of Evidence in Divorce and Custody …

Edgy Facebook postings play a role in child custody case … – KDAF

Dallas Attorneys Use Facebook in Custody Case.wmv – YouTube

RI Divorce and Child Custody: Beware of Damaging Social Media Posts‎

Do Not post Inappropriate content on Facebook or online which indicate that you are an unfit parent, use drugs or oth not acting in the best interest of your children.

The other parent may be searching your Facebook page looking for an advantage to help him or her prevail in the custody battle. A seemingly innocent “Facebook friend” may be providing information to your ex spouse. Do Not Post online Negative or disparaging remarks or comments about the other parent, the judge, the psychiatrist, the psychologist, the custody evaluator, anyone involved in the custody proceeding, the other Rhode Island Lawyer or the other parties family.

You should fight your case in Family Court not on your blog. Do not Blog about your case. These blog posts anger Family Court judges especially when there is a chance that the children may view the blog.

 

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.

Filing for Divorce in RI: Advantages of filing first?

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It makes no difference which spouse files a Rhode island Divorce  first unless there is an emergency motion or restraining order filed as part of the divorce. There is no advantage in filing for divorce before the other spouse files unless you need a restraining order or emergency ex parte relief.   In the event that a restraining order or  ex parte verified emergency motion is needed or filed than filing first can be extremely significant! This is especially true if there is an emergency motion concerning child custody and /or child visitation.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

Guardian Ad Litem for the Minor Child in RI | Judge may Appoint a Guardian

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SECTION 15-5-16.2

….(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation.

(i) In determining whether an appointment should be made, the court shall consider the extent to which a guardian ad litem may assist in providing information concerning the best interest of the child; the age of the child; the wishes of the parents as well as their financial resources; the nature of the proceeding including the level of contentiousness, allegations of child abuse or domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of interest between the child and parents or siblings;

(ii) The guardian ad litem shall be appointed from a list of persons properly credentialed pursuant to administrative orders of the chief judge of the family court;

(iii) The court shall enter an order of appointment stating the specific assignment the optional and mandatory duties of the guardian ad litem, the guardian’s access to the child and confidential information regarding the child, and a provision for payment of the costs and fees of the guardian ad litem;

(iv) Communications made to a guardian, including those made by a child, are not privileged and may or may not be disclosed to the parties, the court or to professionals providing services to the child or the family;

(v) The guardian ad litem shall meet with the child, conduct an investigation and upon request of the court shall prepare an oral or written report that contains the procedural background of the case, identification of all persons interviewed and other sources of information, a statement of the child’s emotional, medical, educational and social service needs, the child’s wishes and other factors relevant to the court’s determination regarding the best interests of the child;

(vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the proceedings, subject to cross-examination;

(vii) If the guardian ad litem requests confidential health care information and consent is withheld, he or she shall apply to the court for leave to obtain such information after compliance with § 5-37.3-6.1;

(viii) The guardian ad litem shall be given notice of and should appear at all proceedings in family court that affect the interests of the child;

(ix) A person serving as a guardian ad litem under this section acts as the court’s agent and is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the guardian ad litem;

(x) The chief judge of the family court shall issue, through administrative orders, rules governing the appointment and performance of guardians ad litem in domestic proceedings.

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

Attorneys’ Fees in RI Family Court Awarded by Contract or Statute

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The Rhode Island Supreme Court in Pearson v Pearson ruled that Attorneys Fees in Rhode Island Family Court are very limited and can only be awarded based on a contract or a specific statute authorizing Attorney Fees. The Rhode Island Supreme Court stated:
“This Court adheres to the ‘American rule’ that litigants generally are responsible for their own attorneys’ fees and costs. * * * However, attorneys’ fees may be appropriately awarded, at the discretion of the trial justice, given proper contractual or statutory authorization.” Downey v. Carcieri, 996 A.2d 1144, 1153 (R.I. 2010) (quoting Napier v. Epoch Corp., 971 A.2d594, 598 n.4 (R.I. 2009)).

 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

Termination of Parental Rights by DCYF in RI Family Court Appeal

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In In re Dayvon G. et al. the Rhode Island Supreme Court Stated : “On appeal, “[t]his Court reviews termination of parental rights rulings by examining the record to establish whether the [Family Court] justice’s findings are supported by legal and competent evidence.” In re Ariel N., 892 A.2d 80, 83 (R.I. 2006) (citing In re Rene B., 544 A.2d disturbed on appeal unless they ‘are clearly wrong or the trial justice overlooked or misconceived material evidence.’” In re Brook Ann R., 994 A.2d 1241, 1243 (R.I. 2010) (quoting In re Destiny D., 922 A.2d 168, 172 (R.I. 2007)).

“Natural parents have a fundamental liberty interest in the ‘care, custody, and management’ of their children.” In re Destiny D., 922 A.2d at 172 (quoting Santosky v. Kramer, 455 U.S. 745, 753 (1982)). “The trial justice must find that the parent is unfit before terminating [his or her] parental rights.” In re Pricillion R., 971 A.2d 599, 604 (R.I. 2009). “The natural parent’s right to due process requires that the state support its allegations by at least clear and convincing evidence.” In re Victoria L., 950 A.2d 1168, 1174 (R.I. 2008).“Upon a determination of parental unfitness, ‘the best interests of the child outweigh all otherconsiderations.’” In re Brook Ann R., 994 A.2d at 1244 (quoting In re Pricillion)
Resources and Blogs by Rhode Island Family Law Lawyer David Slepkow 401-213-8073:

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.