Below you will find several RI visitation law articles authored by a Rhode Island visitation lawyer. A visitation lawyer in RI will make sure that your parental rights are protected and you get a liberal and fair parenting time schedule. If you are unable to reach a parenting schedule with the other parent, mediation may be the best option to resolve a visitation dispute in Rhode Island Family Court.
Visitation In Rhode Island Articles
Keep children out of your Rhode Island Custody or RI Family Court Divorce feud.
Since a child cannot have their parents together in a loving relationship, the kids want the RI Custody fight over. The children want normalcy and want all the fighting to stop. Most of all, they do not want to be part of this war! First and foremost, they want a childhood free of adult concerns. Let them be kids! Do not destroy their childhood. They would like to be playing at the park not being interviewed by the Rhode Island divorce Court Judge or General Magistrate. They don’t want to go to counseling- they often think that you guys are the ones who should get counseling. They want to play with their siblings, enjoy playing with other children, play video games and most of all be children.
The Visitation Exchange- when Court Order meets WWF TAG Team Wrestling
This Rhode Island visitation article explains how visitation exchanges can go horribly wrong. It is not uncommon for warring parents to get into physical feuds during these exchanges. Unfortunately, it can be very harmful for the children to see this type of mess.
Visitation lawyer RI article: #RATIONALIZATIONS -1st X MOMS’ Endless Roadblocks to Dad’s Visitation
This article explains how some woman will do anything to keep their child from having a meaningful relationship with the child’s father. This RI Family Court visitation article by a visitation lawyer in RI will explain the roadblocks this type of mother will put in front of the father to stop visitation including supervised visitation, false allegations of abuse and allegations of mistreatment of the child.
RI Family Court Should Ban term “Supervised Visitation”- monitored or assisted visitation is the appropriate term.
The term “supervised visitation” should be banned. RI visitation with children should only be supervised in the most extreme circumstances. When a parent requests that the other parent’s visitation with a child be supervised, it has especially negative connotation to the parent who must have their visits “supervised.”
How to avoid visitation disputes
Almost everyone has heard horror stories of child visitation issues. Because parents care deeply for their children and sometimes foster ill feelings against each other, child custody disputes are common. Through careful and strategic steps, the number of these types of disputes may be reduced. Below you will find some suggested ways to minimize visitation and custody disputes.
Hire a Rhode Island custody attorney
An experienced RI child custody lawyer or family law attorney in Rhode Island will be well aware of the common issues that arise in child custody and visitation situations. They will be able to assess your particular situation and provide useful advice about how to avoid issues. An attorney in RI can help prepare any necessary documentation to set forth each parent’s rights, which can help remove confusing or ambiguous orders. Having a well-drafted and specific custody order will help both parents understand the visitation schedule and what they are expected to do.
In the event the other parent fails to comply with a custody order, a Providence Child Custody attorney can help you enforce the order and require the other parent’s compliance. In the event of a willful contempt finding they may be able to recover fees and costs incurred as a result of the enforcement.
Participate in dispute resolution options
Often custody disputes can be resolved through a variety of dispute resolution options. This includes mediation, where the parents work with a third party to compromise on issues and reach an agreement. Parents may also want to participate in parenting classes that address situations where parents are separated. These options serve as an alternative to the often stressful and adversarial court process
Lack of communication is often the cause of many custody disputes in Providence Family Court. Parents must learn how to effectively communicate with each other about their children. Parents should discuss the best way to communicate and how to reduce the chance of conflict. If necessary, have a RI divorce attorney draft express language in your custody order to require communication or set forth limitations. When special circumstances arise, make sure to promptly and clearly communicate the circumstances to the other parent.
Exchange the children in a public place
Custody and visitation disputes sometimes occur when the children are exchanged. Many parents exchange the children at a public place, where both parties will be less likely to engage in argument or other threatening behaviors. If necessary, include third parties who can serve as witnesses or reduce tension. In any custody case, the best interests of the children are the most important concern. Make sure to remember this when dealing with custody and visitation disputes.
When parents are no longer involved in a relationship, there are plenty of opportunities for disagreements. One of the primary causes of post-relationship disputes in Rhode Island is child visitation issues. If you need legal help in a visitation dispute in Rhode Island, contact a RI visitation lawyer
Visitation in RI
Each parent has his or her own ideas about the manner in which child parenting time should be determined. When parents do not get the terms that they desire, the fight for child visitation can become bitter. It is easy for parents to get caught up in a war against each other when it comes to their children. There are 4 common types of child visitation disputes between parents.
- Holiday parenting time Rights
- The Number of Visitation Days Each Month
- Visitation Rights for Parents Who Live Far Away
- Violations of the Child Visitation Order
When parents are not able to come to amicable terms about visitation agreements, the courts must help to resolve the issue. In these cases, parents must file an order with the court to ask a judge to resolve the issue.
Court Involvement in custodial feuds
It is important to ensure that children grow up in stable environments. The role of the judge is to make decisions that will afford both parents ample opportunities to interact with their children. Even if you are a non-custodial parent, the judge wants to grant you visitation rights with your child. In many instances, the requests of non-custodial parents will be granted. However, any parenting time should not interfere with the child’s reasonable schedule.
At times, a judge will not initially make a determination. The parents may be sent to a mediator to help them resolve the issue. If the issue cannot be resolved through mediation, the case can be sent to the judge to make a determination. Once the determination has been made, it is expected that both parties adhere to the visitation schedule. In some cases, parents may willfully disregard the visitation schedule.
Seek Legal Guidance
If your parenting time rights have been denied by the other parent, there is help available. A RI family law attorney may be able to help you get your custodial rights order enforced. In Rhode Island child custody cases, time is of the essence. Contact a RI visitation lawyer at Slepkow Slepkow and Associates, Inc.
“Traditionally, individual states have regulated family law matters, such as marriage, divorce, or child custody. Over the past two decades, however, there has been a trend for states to adopt uniform laws governing child custody and support to reduce the amount of variance from state to state. While the following information offers an overview of child custody and support guidelines, a lawyer can explain the specific laws of your state.” American Bar Association, Division for Public Education, Child Custody and Support http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/child.html
“The distribution of custodial parents by marital status differed between mothers and fathers. About 44.2 percent of custodial mothers were currently divorced or separated and 36.8 percent had never been married. The remaining mothers consisted of 18.0 percent who were currently married (54.8 percent of whom were divorced but remarried), and 1.1 percent who were widowed.9 Custodial fathers were more likely than custodial mothers to be divorced or separated (53.5 percent) and less likely to have never married (24.7 percent).” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income https://www.census.gov/prod/2011pubs/p60-240.pdf
“When determining the home in which to place the child, the court strives to reach a decision in “the best interests of the child.” A decision in “the best interests of the child” requires considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.” Cornell University Law School, Law Information Institute LII, Child custody: an overview https://www.law.cornell.edu/wex/child_custody
“The best interests of the child should not be determined by assessing any one factor. The trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Gregory J. PETTINATO v. Susanne L. PETTINATO, 582 A.2d 909 (1990) No. 89-56-A. Supreme Court of Rhode Island. November 30, 1990. http://www.leagle.com/decision/19901491582A2d909_11482/PETTINATO%20v.%20PETTINATO