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Rhode Island Child Custody Legal Questions

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177 legal questions have been posted about child custody by real users in Rhode Island. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.

When do we set up visitation and child support?

Answered 11 years and 11 months ago by Ms. Joanna Marie Mitchell (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
If you are in agreement, then it can be set up even before the child is born by entering into a written agreement and then filing the agreement and other necessary documents with the Court as soon as the child is born. If you are not in agreement, then you would have to wait until the birth of the child to initiate a legal action. You should consult with an attorney to assist you in the process in order to make certain that everything is properly done.... Read More
If you are in agreement, then it can be set up even before the child is born by entering into a written agreement and then filing the agreement and... Read More

Will a temporary domestic order prevent a parent from moving kids out of state until able to hire attorney for custody?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Are there any orders? Is he paying support? Is there an order establishing paternity? You really need counsel.
Are there any orders? Is he paying support? Is there an order establishing paternity? You really need counsel.

What are the chances of the parents having joint physical custody of their children?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Forget the word custody. We don't have it as such in Washington. If you're talking about residential time, there isn't any reason, simply by virtue of the children's ages why they can't divide the time 50/50. If your son isn't represented, he should at a minimum have a lawyer look over any agreements before he signs off on them.... Read More
Forget the word custody. We don't have it as such in Washington. If you're talking about residential time, there isn't any reason, simply by virtue... Read More

Is a 19 year old male his own guardian?

Answered 11 years and 11 months ago by Ernest A Cardona (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
It seems to me your friend is an adult and unless he is a conservatee or some other form of person who is under the care of other people pursuant to a guardianship in court, he can do what he wants and keep his business private. I think he should just move out and change all his numbers and email and tell the school not to reveal his information to anybody. Any attorney who deals with these things, like in guardianship law (different than the guardian you mention), can help.... Read More
It seems to me your friend is an adult and unless he is a conservatee or some other form of person who is under the care of other people pursuant to... Read More

Can a father sign over guardianship to the grandparents without the mother's consent?

Answered 11 years and 11 months ago by Ernest A Cardona (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
The answer is no, not really, but you and your son have a couple of options. You could file for a guardianship in the Probate Division of the Superior Court and your son could consent to this, or he could file a case for custody and visitation in the Family Division and ask for sole custody, or he could ask the judge to let you join the case as grandparents and then take temporary custody that way.... Read More
The answer is no, not really, but you and your son have a couple of options. You could file for a guardianship in the Probate Division of the... Read More

Can a father sign over guardianship to the grandparents without the mother's consent?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
That's not the way to do it. File a third party custody action in which you will claim that neither parent is a fit parent (they aren't by virtue of the fact that they aren't taking care of the child. Your son can sign an affidavit in support of your petition. The court can then place the child into your legal custody and provide for child support from each parent and a visitation schedule for each parent.... Read More
That's not the way to do it. File a third party custody action in which you will claim that neither parent is a fit parent (they aren't by virtue of... Read More

Can a pregnant woman be locked up for nonpayment of child support?

Answered 11 years and 11 months ago by James Morgan Chandler (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
She needs to file a motion for modification of support.
She needs to file a motion for modification of support.

How can I get a court order to obtain DNA from my son’s deceased father?

Answered 11 years and 11 months ago by James Morgan Chandler (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
File for support against his estate.
File for support against his estate.

Can the judge make me stay with my child while his dad tries to get custody changed with me having sole custody?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Not you, but your child, yes. Unless you can prove it is in the child's best interest, not yours, to move out of state the court will order the child to stay in the state.
Not you, but your child, yes. Unless you can prove it is in the child's best interest, not yours, to move out of state the court will order the... Read More

Can the judge make me stay with my child while his dad tries to get custody changed with me having sole custody?

Answered 11 years and 11 months ago by James Morgan Chandler (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
The judge cannot make you stay, but he can order that you not take the child out of the area.
The judge cannot make you stay, but he can order that you not take the child out of the area.

Can the person who started the petition withdraw it?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Yes he can withdraw the petition, but unless you come up with the name of the actual father child support enforcement can ask the court to order him to have a DNA test. It's their duty to find a father so that he rather than the tax payer can pay support.
Yes he can withdraw the petition, but unless you come up with the name of the actual father child support enforcement can ask the court to order him... Read More

Should I put him on child support so the support will be divided fairly and guarantee my children will not go without?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
I would suggest that you take the details and explain them to a family practitioner. Most assuredly if his contributions to the children are not being accounted for because of a private agreement and therefore may not be included in his obligations in the calculation of the support necessary for his additional child, adjustments should be made.... Read More
I would suggest that you take the details and explain them to a family practitioner. Most assuredly if his contributions to the children are not... Read More

How can I adopt my 2 year old grandson?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
You will have to prove that father abandoned him and you will have to notify father of the action. If dad comes back and says he left because mom or you forced him away, that may get dicey. If, as is more likely, he just did not want to bother with a kid, then knowing that he will not have to pay child support may make everything go more smoothly. Regardless, I suggest you contact a local adoption attorney to help you through the process.... Read More
You will have to prove that father abandoned him and you will have to notify father of the action. If dad comes back and says he left because mom or... Read More

Custody of my children, moving to Florida in 2months

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the facts are as you state it is more likely than not that you will be ble to move.  However, if there is litigation regarding the issue you will have to prove those facts to the court to the extent that it will demonstrate that it is in the best interests of the children to move with you to Florida.... Read More
If the facts are as you state it is more likely than not that you will be ble to move.  However, if there is litigation regarding the issue you... Read More

what is the law in rhode island for visitation and custody rights of a new born baby for the non custodial parent?

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no specific law other than the non custodial parent has the right to visit with the child to the extent it is not harmful to the child and it is in the child's best interest.
There is no specific law other than the non custodial parent has the right to visit with the child to the extent it is not harmful to the child and... Read More

Can the judge force mother to move back in 30 miles away from here for father's sake when he have no custody and didn't filed her after she moved?

Answered 12 years ago by Elizabeth Jones (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Probably not sine Mom has full custody.
Probably not sine Mom has full custody.

Can the judge force mother to move back in 30 miles away from here for father's sake when he have no custody and didn't filed her after she moved?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
She doesn't have to move back, only the children do. And yes, the judge can do that because the court has jurisdiction of the children where they lived for up to 6 months after they leave. She should have talked to an attorney before she tried to move.
She doesn't have to move back, only the children do. And yes, the judge can do that because the court has jurisdiction of the children where they... Read More

Can the judge force mother to move back in 30 miles away from here for father's sake when he have no custody and didn't filed her after she moved?

Answered 12 years ago by James Morgan Chandler (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
The judge can do whatever he/she determines is in the best interest of the child.
The judge can do whatever he/she determines is in the best interest of the child.

Can the judge force mother to move back in 30 miles away from here for father's sake when he have no custody and didn't filed her after she moved?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Need to see all of the orders in effect. If the move was prohibited by the court's order then it is within its power.
Need to see all of the orders in effect. If the move was prohibited by the court's order then it is within its power.

What can I do about a non custodia parent over stepping my rights as custudial parent for my children.

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you can't work it out with him you need to file a motion to adjudge him in contempt.  To the extent that you can document his behavior you should because you will be more likely prevail with your motion if you have concrete proof to show the court.  It's always difficult for a court when all they have to consider it two people's different versions of the same events.   Feel free to contact me directly if you would like representation in this matter.... Read More
If you can't work it out with him you need to file a motion to adjudge him in contempt.  To the extent that you can document his behavior you... Read More

At what age does my son be given the right to not go with his father and is if there is even one?

Answered 12 years ago by Tina Marie Fox (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
In IL, a minor child is not allowed to make such an adult decision and the courts encourage you to foster a ongoing relationship with the noncustodial parent. In a nut shell, there is not much you can do, if any thing. Of course, each county is different, however, the more conservative counties have literally said, the noncustodial parent can take the child, even kicking and screaming, in order to have the scheduled parenting time.... Read More
In IL, a minor child is not allowed to make such an adult decision and the courts encourage you to foster a ongoing relationship with the... Read More

Can I take the father of my unborn child to court for abandonment?

Answered 12 years ago by James Morgan Chandler (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
No but you can file a paternity action for support.
No but you can file a paternity action for support.

What can I do if my ex wife living in another country filed for a child support case?

Answered 12 years ago by James Morgan Chandler (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Get an attorney and make sure you appear in court.
Get an attorney and make sure you appear in court.

When would I need to return her in August since the consecutive part seems to be very confusing?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
In 2014, June 25 falls on Wednesday. So I assume that your vacation starts on July 25. The first Sunday is July 27 and the second consecutive Sunday is August 3, so she will need to be returned at 6:00 p.m. on August 3.
In 2014, June 25 falls on Wednesday. So I assume that your vacation starts on July 25. The first Sunday is July 27 and the second consecutive... Read More

Can my ex get custody of my daughter if I was unaware of the trial?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes he can.
Yes he can.
Child Custody
Rhode Island

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