A Rhode Island divorce lawyer provides free advice concerning family law. If you need a custody lawyer in RI, call divorce and child custody attorney, David Slepkow. David has 28 years experience in Providence Family Court. David was voted a top three attorney in Rhode Island by the Providence Journal Reader’s choice poll.
Do not exaggerate in Family Court
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
Exaggeration and speaking in ‘black and white terms’ are major problem in Providence Family Court. Family court is usually not black and white. It is all about shades of gray. Remember PERCEPTION IS REALITY in family court. The Kent County Family Court magistrate or Justice does not know you. The Judge does not know 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 during 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 abused. Restraining orders are not to be utilized to get leverage in your RI child custody case. Rhode Island restraining orders and complaints protection from abuse are serious matters. They may subject the alleged 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”
Sole Custody
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?
No piling on
- If you opponent is on the ropes with the judge based on their own nefarious misrepresentations 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 judge’s attention to your conduct. In other words, if your winning- keep your mouth shut.
- Do not interrupt the other divorce lawyer unless it is 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. However, be savvy about this.
- Do not throw your divorce lawyer or the opposing counsel in front of the bus at your family court hearing.
Prompt filings
Rule 60(b) of the Rhode Island Rules of Domestic Procedure outlines the rules for a party seeking relief from a final judgment or order. A 60b motion must be filed “within a reasonable time” and for certain reasons must be filed within a year. The basis of a Rule 60(b) motion can be:
- Mistake
- Inadvertence
- surprise
- Excusable Neglect
- Newly discovered evidence
- Fraud, misrepresentation or other misconduct of an adverse party
- void judgment
- Judgment satisfied, released or discharged
- any other reason justifying relief
“Rule 60(b) is meant to provide a single procedural means for seeking relief from judgments that have become final.” Pari v. Pari, 558 A.2nd 632, 634 (R.I. 1989) This rule ” is not intended to constitute a substitute for an appeal, nor does it provide an alternative method of appellate review.” Nichola v John Hancock, 471 A.2d 945, 947 (R.I. 1984).
Under Rhode Island law, a party may seek relief from a judgment or order by filing a motion pursuant to Rule 60(b) of the Rhode Island Rules of Civil Procedure. Rule 60(b) provides that the court may relieve a party from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial; (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion must be made within a reasonable time, and for reasons (1), (2), and (3), not more than one year after the judgment, order, or proceeding was entered or taken.
Some Pertinent case law:
- Pari v. Pari, 558 A.2nd 632, 634 (R.I. 1989)
- Nichola v John Hancock, 471 A.2d 945, 947 (R.I. 1984)
- Carvalho v Carvalho, 97 R.I. 132, 137, 196 A.2d 164, 167 (1963)
- Daisy M. DeJesus v. Jose A. Saldana, 2023
Experienced Rhode Island divorce lawyer, David Slepkow (401-213-8073) provides some random thoughts and advice concerning divorce and child custody causes of action in Providence Family Court.