Rhode Island divorce attorney, David Slepkow compiled the Top 8 arguments that usually fail in Providence Family Court in RI! RI family lawyer, David Slepkow, doubts that these types of arguments will prevail in any family Court in the United States! This RI domestic law legal article is applicable to child custody, visitation, child support, divorce (dissolution of marriage) as well as Paternity cases in RI.
#1. Our child must wake up in my house, where the child resides, Christmas morning each and every year to open the Christmas presents since I am the child’s mother.
This argument is usually ineffective because the RI Family Court Judges have heard such arguments thousands of times before. This type of argument is premised on emotion. Rhode Island domestic justices usually believe that the parents of minor children should alternate Christmas parenting time. The normal Christmas schedule is one parent having parenting time on Christmas eve, overnight until 11-2 and the other parent having parenting time Christmas day overnight. However some Justices, Magistrates and general magistrates of the Providence, Kent, Newport and Washington County Family Court may be a little sympathetic to a very young child between the ages of 3-4 waking up at the house where the child resides on Christmas morning.
#2. If I allow him visitation with our child, he will kidnap our child.
This speculative argument usually is ineffective because the Justices of the RI Family Court have heard such similar arguments thousands of times before. This non legal argument is premised on pure speculation and is borderline absurd. It is the classic “hail Mary”. (nothing else is working so i will play this card as a last resort to interfere with his visitation rights)
If the justice of the Providence Family Court at the Garrahy Judicial Complex denied visits solely based on an unsubstantiated allegation of hypothetical child kidnapping then it would be too simple to deprive a father of his fundamental right to visitation. Furthermore, the Kent County Family Court may not issue decrees based on silly speculation or a hypothetical fact scenario. RI domestic Courts issue orders based on testimony and facts not base on guesswork and speculating. The Rhode Island Family court in Providence or Warwick is usually willing to issue an order that the party cannot permanently remove the minor child from the state of Rhode Island. In some instances, the court will issue a restraining order against out of state travel for significant periods of time without prior consent.
If there is evidence that the person may take off with the children then this argument might be taken seriously.
#3. The father is only requesting visitation with our children to get back at me, he does not really want to visit with our children.
This type of emotional argument cannot really be proved and the Justices of the Providence Family Court are not interested in this argument because it is impossible to prove and too easy to say. Also the father’s real motivation for desiring visitation for his or her child is irrelevant since his or her parenting time rights are a fundamental right.
#4. Despite the fact that the drug test at Providence Family Court came back ‘negative’, my ex must have consumed supplements or drank tons of water (h20) because he or she is still a drug addict.
The RI Family Court has a drug testing facility in Providence RI at the Garrahy Judicial Complex. The Justices, magistrates and general magistrates believe that the testing procedure at that facility is accurate and therefore must rely on it.-This argument is usually based on rank speculation. Unless a person has actual evidence that the person is cheating the drug test than this argument will usually fall on deaf ears.
#5. He doesn’t even know how to change a diaper.
The judges figure that he will figure it out. Every new parent must learn how to change diapers.
#6. I just use drugs occasionally and its only marijuana.
Drug are drugs to family Court Judges! Any Illegal drug use is grounds for taking the children from the parent with physical custody and placing them with the other parent. Drug use could also lead the Court to order that all future visitation with the minor children be supervised visits.
#7. The only reason he wants visitation is so his parents can visit with the children.
Unless you can prove that he does not spend time with the children and his parents spend all the time with them during visits then this argument will not work!
#8. He has not paid his child support so he should not have visitation with the child!
The Courts are not willing to punish the children by disallowing visitation because a parent is in arrears in payment of child support. Nonpayment of child support is not a reason to suspend visitation!
More Providence Family Court Custody Articles here
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 / attorney as an expert or specialist in any field of practice.