RI Child Custody attorney and RI divorce lawyer 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.
Deferring the Sale of the Marital Home to Serve the Best Interest of the Child in divorce/ child custody cases
When couples divorce in Rhode Island, one parent might request to defer the sale of the house for numerous reasons that serve the child. This article explains how the court system makes the final decision on deferring the sale of the home, which is often based on whether it is economically feasible or not. 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 and 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
“The proportion of custodial parents due child support payments who received any payments—either full or partial—decreased between 2007 and 2009, from 76.3 percent to 70.8 percent. Those who received the full amount of child support due fell from 46.8 percent in 2007 to 41.2 percent in 2009 (Figure 4). An additional 29.6 percent of custodial parents received partial child support payments in 2009. Custodial parents due child support from noncustodial parents and who received no payments increased to 29.2 percent in 2009, up from 23.7 percent in 2007.24” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income, Current Population Reports By Timothy S. Grall, Issued December 2011 P60-240 https://www.census.gov/prod/2011pubs/p60-240.pdf
“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).” Gregory J. PETTINATO v. Susanne L. PETTINATO. 582 A.2d 909 (1990) No. 89-56-A. Supreme Court of Rhode Island. November 30, 1990. *910 Joseph Sciacca, Palombo & Piccirilli, Providence, for plaintiff. Karen Pelczarski, William Landry, Blish & Cavanagh, Providence, for defendant. OPINION SHEA, Justice.
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