Rhode Island child custody attorney, David Slepkow recently published the articles below to explain potential pitfalls and common problems associated with child custody law, visitation, paternity issues and divorce. The information provided in the articles can assist divorcing couples, unmarried parents or divorced parents in understanding the available legal options to resolve common child custody and post-divorce issues successfully.
When couples divorce in Rhode Island, one parent might request to defer the sale of the house for numerous reasons that may serve the best interest of the child. This article explains how the court system makes the final decision on deferring the sale of the home. The determination of whether the house should be sold is usually based on whether it is economically feasible for the custodial parent to remain in the home. The article explains what happens if the court allows the sale of the home to be deferred including how equity will ultimately be shared when the house is sold. What happens if the parties involved cannot agree on the home’s fair market value?
This divorce, custody, child support in RI and federal tax law article was authored by a RI Child Custody attorney, David Slepkow. In the event there is no indication in a Final Judgment of divorce or Decision Pending Final Judgment or Property Settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with Physical Custody of the children is entitled to claim the child or children for Federal Tax purposes.
This article provides valuable information if one parent of the child wants the other parent to pay for the child’s education at a private school. The reader will learn how this issue is usually resolved and how most Family Court judges rule in ordering the child’s father or mother to pay for their college education.
In Rhode Island, the role of Guardian ad Litem is to serve as a representative of the best interest of a child in visitation, custody and placement cases. The article describes how the Guardian does not serve as an attorney for the minor child but serves in their best interest. Article readers are informed as to who makes the final decision on legal custody or physical placement of the child. In addition, the article states how the Guardian provides recommendations and serves as a witness to challenge opinions or support opinions that directly affect the child’s future.
This article details the final outcomes of ineffective court arguments that simply do not work. Many arguments are used by a divorced parent against the other parent in an effort to control visitation, custody and management of the child’s day-to-day activities. Readers come to understand how judges respond and react to the ineffective arguments of why apparent might not want the other parent to have visitation rights or other problems including parental drug use, child support payments in arrears and paternity issues.
Rhode Island child custody factors
“This [C]ourt has held that child-custody awards must be made in the ‘best interest[s]’ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative;
1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.” Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990)
Best interest of the child
Child custody cases in family court often involve the presentation of various types of evidence to help the court make a decision that is in the best interest of the child or children involved. The specific types of evidence that may be presented can vary from case to case, but here are some common forms of evidence that may be used in child custody proceedings:
- Witness Testimony: This can include the testimonies of the parents, family members, friends, teachers, counselors, or anyone who has relevant information about the child’s well-being and the ability of the parents to provide a stable and nurturing environment.
- Character References: Letters of recommendation or character references from individuals who can vouch for a parent’s ability to provide a stable and loving environment for the child. These reference letters are hearsay and cannot be used in Court unless the witness is willing to testify at a trial or testimonial hearing.
- Child’s Preference: Depending on the child’s age and maturity, their preference may be considered by the court. However, the weight given to a child’s preference varies by jurisdiction and the child’s age.
- Expert Witnesses: Psychologists, social workers, and child custody evaluators may be called upon to provide expert opinions on the mental and emotional well-being of the child and the ability of each parent to provide suitable care.
- School Records: Academic performance and attendance records can be important in demonstrating a child’s well-being and stability.
- Medical Records: Medical and mental health records may be used to assess the child’s physical and psychological health and the ability of each parent to meet the child’s medical needs.
- Police and Court Records: Records of any domestic violence incidents, restraining orders, or criminal charges involving either parent can be significant in custody cases.
- Financial Records: Information about the financial stability of each parent can be relevant, as it may impact their ability to provide for the child’s needs.
- Custody Evaluations: Some courts may order custody evaluations, in which a mental health professional assesses the family’s dynamics and provides recommendations to the court.
- Parenting Plans: Proposed parenting plans or custody schedules outlining how each parent intends to share custody and responsibilities can be submitted as evidence.
- Photographs and Videos: Visual evidence of the child’s living conditions, interactions with parents, and general well-being can be presented.
- Communication Records: Emails, text messages, and other forms of communication between the parents that may demonstrate their cooperation or conflict can be submitted.
It’s important to note that the admissibility of evidence can vary by jurisdiction, and family courts may have specific rules and guidelines for the submission of evidence. In child custody cases, the primary consideration is the best interests of the child, and evidence should be relevant to that standard. Parents should consult with an attorney to understand the specific rules and requirements in their jurisdiction and to help them navigate the legal process.