Will a judge of the Rhode Island Family Court allow-overnight, romantic visitors of the opposite sex when children are home? This family law post is authored by a Rhode Island Family Court attorney.
No shacking up until divorce is final!
Here are bright line rules in this confusing minefield:
- When the Rhode Island divorce is pending and final judgment of divorce has not entered, almost all RI Family Court Judges will restrain overnight visitors of the opposite sex when the children are home.
- After final judgment, romantic visitors are allowed unless it can be proven the paramour is detrimental to the best interest of the child.
- In a custody case when the parties were never married, overnight visitors are allowed unless the boyfriend or girlfriend is dangerous to be around the minor child.
Introductions to boyfriend or girlfriend during divorce
In addition, most judges will restrain an introduction to a new boyfriend / girlfriend while the divorce is pending. Rhode Island Family Court Judges take the position that it is not in the best interest of the children for a person to introduce a child to a romantic partner when a divorce is pending. All the standard excuses will not work in Rhode Island Family Court. The Judges have heard it a million times before.
After Divorce in Rhode Island can a person have an unrelated overnight visitor of the opposite sex when the children are home?
Providence Family Court judges and Magistrates are not opposed to overnights after divorce unless it can be proved that it is dangerous to the child to allow such visitors. If the new boyfriend or girlfriend is an alcoholic, drug dealer, drug user or has a serious criminal record etc., that may constitute grounds for a judge to limit overnights after a divorce.
Must be evidence of parental unfitness of boyfriend or girlfriend to restrain overnights
If the Boyfriend or Girlfriend has a drug or alcohol problem or a serious criminal history then the judge may restrain the person from overnights when the children are home. There could be a Myriad of other reason that could cause a judge to issue a restraining order such as domestic abuse / violence history, child abuse and conflicts between the child /children and the boyfriend and girlfriend. The judge has to look at the best interest of the child in making this determination.
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.