Rhode Island Family Legal Questions

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51 legal questions have been posted about family law 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 adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Need to know more of the details, and you need an attorney.
Need to know more of the details, and you need an attorney.

Who do you think would get the dog if we went to court?

Answered 12 years and 10 months ago by Michael Warren Crosson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Family
In California, animals are usually treated as property, so "custody and visitation" disputes do not arise. In other words, the Court will see your pet the same as a sofa or television. There is one exception to this. In situations where a domestic violence restraining order is issued, and good cause is shown, the Court may make orders regarding animals (see Family Code Section 6320). I believe it helpful to you that the dog was given to you as a gift and you have paid for much of its care. Gather as much evidence as possible in this regard to help prove up your case. Also, your question implies you were not married to your ex-boyfriend. As a result, unless you had children together you would not be able to bring an action in Family Law Court all all, unless a domestic violence restraining order was requested as discussed above.... Read More
In California, animals are usually treated as property, so "custody and visitation" disputes do not arise. In other words, the Court will see your... Read More

What can I do if my Miranda rights weren't read?

Answered 12 years and 11 months ago by James Kristian Falk (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
It sounds as though there was a bench warrant issued as a result of your non-appearance. Therefore the police did not need probable cause for the arrest. However, if they took you into custody without reading you your Miranda rights, then any statements you made to the police after you were in custody can be excluded from your trial.... Read More
It sounds as though there was a bench warrant issued as a result of your non-appearance. Therefore the police did not need probable cause for the... Read More

What can I do if my Miranda rights weren't read?

Answered 12 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
If you didn't admit anything, nothing. All the Miranda rights do is prevent the police from using anything you say against you in court. Since you were picked up on a bench warrant, it probably doesn't mean much that they did not read you your rights.
If you didn't admit anything, nothing. All the Miranda rights do is prevent the police from using anything you say against you in court. Since you... Read More

Can my husband take a gift given to my son by his step dad?

Answered 12 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
If it was given to your son, why is it in your husband's name? Just for insurance? If your son cannot live by the house rules, he needs to move out. He can then sue you and your husband to have the title transferred to him. Of course, he will then have to pay all of his own living expenses. Look, this is more than a legal issue - your family needs help. I suggest all three of you go to counseling.... Read More
If it was given to your son, why is it in your husband's name? Just for insurance? If your son cannot live by the house rules, he needs to move... Read More

My ex has sole custody but is going to jail for a month. Can I get my daughter?

Answered 12 years and 11 months ago by Mr. Derek Layne Hall (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
You should immediately hire an attorney and file an emergency TRO with the court. This would at least serve as a temporary custody order until you could have a permanent custody order put in place. The hearing on an emergency would be granted immediately.
You should immediately hire an attorney and file an emergency TRO with the court. This would at least serve as a temporary custody order until you... Read More
If you are awarded custody of your son, you can allow your fiance to have contact with him. Your husband can ask the court to prevent contact between your fiance and your son, if he thinks such contact would be detrimental. It does not sound as if your fiance's criminal cases would limit his ability to interact with your son when he is released.... Read More
If you are awarded custody of your son, you can allow your fiance to have contact with him. Your husband can ask the court to prevent contact... Read More

Is it difficult to change a joint custody into full primary custody?

Answered 12 years and 11 months ago by attorney Brent R. Chipman   |   7 Answers   |  Legal Topics: Family
The court can modify a joint custody arrangement if there have been substantial changes in the circumstances of the parties and if the modification would be in the best interests of the children, or if the parties are no longer capable of implementing the joint custody arrangement set forth in the last court order. If the father has been exercising more than alternating weekend parent time, the court may not reduce his time with the children, unless there have been problems that would be solved if he saw the children less often. If he has only been seeing them every other weekend for an extended period of time, the court will likely modify the the order or decree to be consistent with what has been happening. You may want to determine exactly why you want to change from joint custody to sole custody. Changing the custody arrangement may not be necessary or it may not be effective to resolve your issues.... Read More
The court can modify a joint custody arrangement if there have been substantial changes in the circumstances of the parties and if the modification... Read More

A judge took some letters of mine. Can he release them to anyone else but me?

Answered 13 years ago by Riana A. Durrett (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
Whether a judge would share letters that he obtained in your case depends on the purpose of the letters and why the judge kept them. For example, sometimes people write letters to a judge on behalf of a defendant at sentencing and those letters are kept in the file, but the court usually does not publish or share them. If a judge accepted letters you wrote as evidence in a case, then the letters may become part of the record in your case and the letters could be made public. A judge can't discuss the details of an ongoing case, but again, if your case is public record then the letters could be made public. If you are worried about the letters becoming a part of the record then you can file a petition to have them sealed.... Read More
Whether a judge would share letters that he obtained in your case depends on the purpose of the letters and why the judge kept them. For example,... Read More

Is it considered a conflict of interest if my husband and his ex-wife hired attorneys from the same firm?

Answered 13 years ago by John Arthur Smitten (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
Yes it is clearly a conflict.
Yes it is clearly a conflict.

Can a person legally take something away from you if they have a reciept?

Answered 13 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Family
Tell him that you will see him in court.
Tell him that you will see him in court.

Can a judge allow this motion for guardianship?

Answered 13 years ago by John Arthur Smitten (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
Yes.
Yes.

Can my husband adopt my children without the biological father's consent?

Answered 13 years and a month ago by Alison Elle Aleman (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Family
No, your ex-husband will have to be given an opportunity to give consent to the adoption. He will have to be served with the petition for the adoption and can appear in court to contest it.
No, your ex-husband will have to be given an opportunity to give consent to the adoption. He will have to be served with the petition for the... Read More

How do I serve custody papers to someone who's in a state prison facility?

Answered 13 years and a month ago by Alison Elle Aleman (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Family
Call the prison office and ask them how to effect service. Probably one of the correctional officers can serve the papers.
Call the prison office and ask them how to effect service. Probably one of the correctional officers can serve the papers.

Could a criminal charge be dropped if the police didn't read Miranda rights?

Answered 13 years and a month ago by Alison Elle Aleman (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
The police only have to read one Miranda rights if they are going to question or interrogate a suspect. So, if no questions and no Miranda, then no problem. Case will not be dropped.
The police only have to read one Miranda rights if they are going to question or interrogate a suspect. So, if no questions and no Miranda, then no... Read More

Can I get guardianship of my cousin if the state says my house is too small?

Answered 13 years and a month ago by Rebekah Susan Sass (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Family
If the size of your living situation is the only problem with placement then you could simply rent an apartment which meets the state requirements. In dependency homes can be disqualified when there are too many people living under one roof. Normally two children of same sex per bedroom is the standard.... Read More
If the size of your living situation is the only problem with placement then you could simply rent an apartment which meets the state requirements. ... Read More

Can I get guardianship of my cousin if the state says my house is too small?

Answered 13 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Family
It sounds like you need to get a bigger house. Having said that, you may try going to court and getting a guardianship outside of the States framework. If the court makes you the guardian, it will be difficult for the state to keep the child away. However, if you dont have a separate bedroom for your cousin, the court will probably not allow you to have guardianship of him either.... Read More
It sounds like you need to get a bigger house. Having said that, you may try going to court and getting a guardianship outside of the States... Read More