Rhode Island Child Custody Legal Questions

You need to give written notice so the father has a chance to object. Your husband is the child's legal father since you both perpetrated a fraud by putting his name on the birth certificate. If he signed the affidavit of paternity less than four years ago, he can go back and deny paternity. I think you need to address the issue of how you are going to support yourself especially if he is within the 4 year frame for denial. If he objects and makes a motion to the court, you will have to explain your reason for moving. In the absence of a job, there doesn't seem to be much of a reason.... Read More

Unless there is a court order prohibiting this contact, assuming there is a parenting plan in place, the father can't prohibit such contact. Only a court can. If there isn't a parenting plan in place, then it's past time to get one that outlines what either one of you can and can't do. That puts an end to controlling inappropriate behavior.... Read More

If something happens to mom, and let's hope that it doesn't, either step dad or grandparents or aunts or uncles could petition the court to be the child's guardian. In that event, it will be up to the court to decide what is in the child's best interest. Depending on the age of the child, the court may listen. But even so, the court may not do what the child wants.... Read More

The mother needs to do a will in which she names the grandparents (if that's who she wants) as the proposed guardians for the child. The court will then decide if they are appropriate guardians and in all likelihood the child will go to the grandparents. If, on the other hand, the new husband decides to adopt her the child would go with him if the adoption is finalized. He he wants to be her guardian, the court will choose between him and the grandparents (if they are named as discussed above) and make the decision based on the best interest of the child. How much the child's desires count under those circumstances depends on her age, reasons, intelligence, maturity etc.... Read More

If he signed the affidavit of paternity (that's how he got on the birth certificate) then paternity is established. It sounds like a parenting plan was never established. File a petition to establish a parenting plan/child support and as part of that say you want to relocate. He can object, but the court will base it's decision on the best interest of the children. However, the burden of proof is on him to prevent the relocation.... Read More

UCCJEA is the Uniform Child Custody Jurisdiction enforcement act. It is a statute that has been enacted by all States to determine which State is the proper forum to litigation child custody disputes. The Declaration under UCCJEA must be completed by each party at the beginning of a custody action. The forms include residence addresses of the child for the past 5 years to assist the court in determining if the State where the action was filed is the proper forum.... Read More

If by custody, you mean possession, courts like to maintain the status quo in situations like that which means they are likely to keep things the way they are.  However, the overiding consideration is the well being of the children and it's impossible to know for sure what will happen without knowing all the facts.... Read More

You need to focus on getting a job and getting your life together. There will be no stay of the appeal period. It will run and there is nothing you can do about it. So, once you have a job and you are making money and have a nice place for the children to live and can show the judge that you can provide a better environment for the children, then you file for modification of the custody order.... Read More