Rhode Island Child Custody Legal Questions

Your question is not clear. Do you mean claim the child as a dependent for income tax purposes? Your lawyer should have dealt with this question in your Marital Settlement Agreement, and may have done soso check the document. If there is no agreement on this issue, and nothing in the court's orders, then the two parents should work it out between themselves. Generally the parent who provides more than one-half the child's support is entitled to the deduction. If the child lives full-time with the mother, probably it's the mother who is entitled to the deduction. But the two of you can work it out whoever you wish and file a federal form which states the arrangement.... 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

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

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