Rhode Island Recent Legal Answers from Lawyers

Custody is not the issue - the amount of residential time is. Instead of moving out, file the divorce and immediately thereafter a motion for temporary orders that orders him out of the house, letting you and the kids stay. Propose a reasonable parenting plan that allows time for each parent with the kids and a temporary order of child support. Ideally get a lawyer to do this for you.... Read Answer

Your moving out should make no difference in determinations of custody and physical placement, since the test is 'best interest of the child(ren).' That said, it would be best for you to commence the divorce (if divorce is your intention) so you can get into court on a temporary order as soon as possible and have some court-ordered temporary arrangements for these matters. Locate an experienced family law attorney: it's almost always worth the investment.... Read Answer

Your question is impossible to answer without additional facts, I would suggest that you confer with an attorney and my first impression is that you should be filing for divorce and seeking potentially in order to have him removed from the house if it is impossible for both of you to reside there.... Read Answer

At this point it seems best to begin a custody action in the county where you live. And to seek a temporary order giving you legal custody and primary physical placement. (Generally, the uniform law adopted in most states gives preference in jurisdiction to the court where the child has lived for the past six months.) But first things first: consult an experienced family law attorney in your area as soon as you can. Good Luck.... Read Answer

Based on the nature of your question, the 'type' of attorney that would typically handle a case of this nature would be someone who specializes in personal injury, auto negligence cases. Many lawyers, and firms, in Michigan do not necessarily limit themselves to one 'type' of practice but those headings are what you would look for.... Read Answer

You will be able to receive visitations in Rhode Island even though your ex filed abandonment of your child against you. Since there's already been a legal matter in court against you, it is certainly in your best interest to hire an experienced lawyer to handle this matter. Considering that months of gone by and you have not seen your daughter, I would take this matter extremely seriously. But this is a situation that can be resolved in court and you will be able to see your child again. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://discriminationandevictionlawyers.com/ #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, #alimony... Read Answer

There are many reasons that it is important to consult with an attorney.  For instance, in RI income doens't just include wages.  It may include other things, as well.  Also, there are deductions that may be included in the calculations and a host of other considerations that must be properly addressed.... Read Answer

It is impossible to answer that question without knowing the facts of your case, but the fact that his lawyer is telling you that you won't be getting your expected share of the pension is a good indication that you should not be doing this without an attorney.   I would be happy to discuss this with you if you wish to contact me directly.... Read Answer

If you were injured you may have a claim for your injuries.  It's important to start an investigation as soon as possible because liability will depend on whether or not K-mart had actual or constructive notice of the spill.  This is something that should be handled by an attorney as slip and fall claims are difficult to prove.... Read Answer

Generally, no.  While there is more leeway to admit certain types of hearsay where the declarant is unvailable, none of them are broad enough to encompass the affidavit you contemplate.  The other side is entitled to cross-examine your witnesses, and submitting an affidavit doesn't allow them to do so. However, you may be able to accomplish your goal by deposing your wife sometime before the discover cutoff date, although that may be expensive, since you will have to pay for a court reporter.  You would provide the other side with notice of when and where the deposition would take place, a court reporter would swear in your wife and transcribe the proceedings, you could question your wife, the other side would cross-examine her.  I don't know the particular rules of Rhode Island procedure in landlord/tenant cases (which you had better check to make sure you comply with all the formalities), but sworn deposition testimony can generally be admitted into evidence far more readily than an affidavit.... Read Answer

You would probably not be criminally responsible, but you could be legally responsible to your email contacts. If you were particularly careless in allowing your email account to be hacked or did not take remediating steps once you became aware that your email was hacked, an argument could be made that your email contacts trust you, creating a duty of care, you breached a duty of care with the aforementioned careless actions or lack of action after you became aware of the hack, and your email contacts lost money as a result of your breach.  It would be a hard case to make, but it would not be impossible.  ... Read Answer

There are multiple parts of a successful claim for personal injury.  Certainly, the injuries you describe might justify a larger settlement.  However, there are other factors such as liability, which we don't know about.  It woulde be difficult to give a competent assessment based on the brief description you provided.... Read Answer

If there is no entity, the individual is personally liable.  However, don't be sure there is no entity.  Merely because the principal place of business of a corporation is Rhode Island doesn't mean that it is incorporated there.  Many corporations and other business entities are incorporated in states (usually Delaware) other than where they do business.... Read Answer

Yes, you can file to obtain your green card if you stay. There is a process that accepts filing based on marriage even when you overstay. We help process these cases all the time. I would need more information about your last entry and when you stopped school. Once the Adjustment of Status is filed, you are in a period of authorized stay and the CIS cannot remove you. You can also obtain a temporary work and travel permit after 3 months. We handle these case all the time, please feel free to email me if you have any questions. ... Read Answer

Often, the best option in situations such as yours is to get some relief by discharging your debts in bankruptcy.  It may not be as costly as you think and you will free up some of your cash flow by eliminating your unsecured debt.  Most attorneys will give you a free consultation and I would be happy to do so if you care to contact me directly.... Read Answer