Rhode Island Child Custody Legal Questions

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

Are you legally separated or just separated physically? If there isn't a court order regarding your separation, then you can proceed with life as you have been doing so. If the courts are now involved, you may have to petition the court for removal (of the child out of IL), but refer to the language in your legal separation papers.... Read Answer

You may be able to amend the birth record to change your daughter's last name. You would go to the Bureau of Vital Statistics to ask for the necessary forms. If that does not work, you can petition the court to change the name. If you get married, your husband can petition to adopt your daughter after you have been married for one year. As part of the adoption, the court will order that the birth record be modified to change the child's name and to show your husband as the legal and natural parent of the child. If there is no order determining paternity, you may not have to give notice to the biological father or receive his consent to the adoption.... Read Answer

If the order gives you visitation time and he is not allowing it, you file a motion for dad to be held in contempt for violating the order. If the order allows dad to decide when you see the child, then you will have to wait until there has been a material and substantial change in circumstances to get the order changed.... Read Answer

If you mean the father is the custodial parent and you share joint legal with equal visitation, you should visit your child as set forth in your written custodial agreement which is probably contained in your divorce papers. If he will not release the child to you during your custodial time, call the police to assist you. If the police refuse to help, any police report will assist you in bringing a case to modify custody. The courts do not reward the parent who refuses to facilitate visitation. I hope the helps.... Read Answer

Generally, yes. You can make a motion to withdraw. Attorneys, like yourself, need to be paid when they go to work. I am not familiar with your retainer agreement or how it is your charges arise but generally, if you are not paying your attorney in accord with your agreement they have every right, and in fact an economic necessity, to decline continuing representation.... Read Answer

You don't say how old your son is. If he is an adult, he can choose who gets his information. If he is a child (under 18) then whoever has legal rights under a custody decree or parenting plan has the legal right. The hospital must follow a court order if there is one or the wishes of the patient if he is an adult.... Read Answer

You do not have full rights over your child. That is the fundamental misunderstanding you have of the court order. The court granted the child's father rights of visitation. Your unilateral out of state move impacts her father's rights. You need to seek a court order permitting a move away or, in the alternative, get the father's written permission. Based on the totality of circumstances explained in your question, I would be very surprised if you could get such an order without an attorney's help.... Read Answer