RI Family Court – If you play near the fire you may get pushed in!

There is the old adage-People in glass houses should not throw stones. When it comes to Rhode Island Family Court, I go one step farther and state “If you play near the fire you may get pushed in!”

RI family court

Child custody law in RI

“Jane” lives with her “fiancée” and they have been together for 3 years in a relatively stable household. Her fiancée is the best thing that ever happened to her. He is a provider for the child. She plans on a marriage to him in a year or so. He is wonderful to her son and they play baseball in the backyard on a regular basis.

After a combative abusive relationship with her ex, her new fiancé is a breath of fresh air.

She has a four-year old boy with her ex-boyfriend and she absolutely despises his new girlfriend. His new girlfriend called Jane names. Jane had to get a restraining order order against his new girlfriend. Jane has joint custody of her son with her ex. Jane has physical custody of the child. Jane believes this woman is a bad influence on her child. Jane believes that her ex is constantly dating new woman and this is confusing and detrimental for Jane’s child. Furthermore, his new girlfriend smokes marijuana and was arrested 4 months ago for possession of marijuana.

Jane and her family law lawyer in RI obtain an ex-parte restraining order against her ex having the child overnight in the presence of his girlfriend. The judge issues the emergency restraining order for a 20- day period. His girlfriend moves out and has to sleep on her mother’s couch

Jane’s ex-boyfriend is angry and plots revenge

He previously had no problem with his Jane’s fiancé and even believed that her fiancé was a good influence on his child. Nonetheless, his Rhode Island Family Court Attorney files a restraining order against his Jane having overnight visitors of the opposite sex when the child is home. Jane objects and says:

  •  it is not fair because her fiancee is a good influence on the child,
  •  the child loves her fiancé,
  • she is planning on getting married
  • she says this will ruin her life and her plans.

The Providence Family Court Associate Judge states, “what is good for the geese is good for the gander.” The Justice declares that neither party shall have overnight visitors of the opposite sex while the child is present until she can hear the matter in a few months. If you play near the fire, you may get pushed in.

Welcome to RI Family Court!

resources:

http://www.osbar.org/public/legalinfo/1140_RestrainingOrders.htm Restraining Orders and Domestic Violence by the Oregon State Bar

http://www.law.cornell.edu/wex/child_custody Child Custody- An Overview

http://www.avvo.com/legal-answers/can-u-have-overnight-guest-of-opposite-sex-when-mi-613777.html Can u have overnight guest of opposite sex when minor children are present if divorce has not been filed?