Determining Child Visitation is a crucial facet of custody, divorce, DCYF and RI post-divorce Cases. There is a widely accepted adage that “the best child visitation schedule is no schedule.” If there was no visitation schedule, then the parties would agree that “there will be all reasonable rights of visitation as they agree from time to time.” Child visitation schedules are often resolved through mediation. If you are in need of a RI visitation lawyer, contact Providence Family Court visitation attorney, David Slepkow
Rhode Island child visitation attorney
The Best visitation schedules are negotiated between the parties. If the Parties cannot reach a mutually acceptable agreement, then the Rhode Island Family Court will typically require them to engage in Mediation. The Court offers a free mediation program. Mediation is required for all visitation and custody disputes.
RI custody and visitation law
If the parties cannot resolve visitation between themselves or by mediation, then the Rhode Island Family Court may order a common RI child visitation schedule.
child visitation schedules
With Infants, Teenagers and very young children the standard schedule may not be suitable for the parties. If the parties work schedule does not permit a standard visit schedule, then the Court must order an appropriate and reasonable schedule. Of course, vacation, summer, holiday and birthday visitation also must be resolved. The issue of child support is completely independent of visitation in RI Family Court.
Can denial of visitation lead to a change in custody of a child in RI?
If the Court finds a parent in willful contempt of a visitation order two times, the court can use such contempt as a grounds to change placement of the minor child. RI law 15-5-16(d) actually states that if there are two findings of “noncompliance” of a visitation order then “the court shall consider this to be grounds for a change of custody to the noncustodial parent.” My experience with RI family Court Judges tells me that most Providence family Court Judges interpret findings of noncompliance to mean findings of willful contempt.
Pursuant to Section 15-5-16(d) “In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children, except upon the showing of cause why the right should not be granted or as provided in subdivision 15-5-16(d)(4). The court shall mandate compliance with its order by both the custodial parent and the children. In the event of noncompliance, the noncustodial parent may file a motion for contempt in family court. Upon a finding by the court that its order for visitation has not been complied with, the court shall exercise its discretion in providing a remedy, and define the noncustodial parent’s visitation in detail. However, if a second finding of noncompliance by the court is made, the court shall consider this to be grounds for a change of custody to the noncustodial parent.”
If a parent physically or sexually abuses a child can that lead to a denial of visitation In RI
“A judicial determination that the child has been physically or sexually abused by the natural parent shall constitute sufficient cause to deny the right of visitation. However, when the court enters an order denying visitation under this section, it shall review the case at least annually to determine what, if any, action the parent has taken to rehabilitate himself or herself and whether the denial of visitation continues to be in the child’s best interests.” § 15-5-16. Alimony and counsel fees – Custody of children.
Overnight parenting time on school nights
In the last 10 years, overnight visitation on school nights during the week have become more commonplace. Also, Sunday overnights have become increasingly commonplace. “In 2013, some of the lowest rates of receiving all child support that was due belonged to custodial parents who were under 30 years old (30.3 percent), who had less than a high school education (30.3 percent), whose child had no contact with their other parent (32.0 percent), who were Black (33.7 percent), or who had never married (34.1 percent). These rates were not statistically different from each other (Figure 5). Custodial parents who had at least a Bachelor’s degree (62.4 percent), who had joint legal or physical custody of their child(ren) (58.6 percent), who were 40 years or older (58.5 percent), or who were divorced (56.5 percent) had some of the highest rates of receiving all child support payments that were due in 2013. ” https://www.census.gov/content/dam/Census/library/publications/2016/demo/P60-255.pdf
Visitation lawyer in RI
David Slepkow is a RI visitation lawyer with 22 years of experience in Providence Family Court. Rhode Island visitation lawyer, David Slepkow has 22 years of experience and was voted a top 3 lawyer in RI by the Projo Reader’s choice award poll.
The Rhode Island Supreme Court licenses all RI visitation attorneys and Visitation lawyers in Rhode Island in the general practice of law, but does not license or certify any RI visit contempt lawyer/ attorney as an expert or specialist in any field of practice.