Edward G. Lawson

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THINKING OF DIVORCE? Part III: Children & Custody Issues

November 14, 2016 By Nicholas DaSilva

Part Three of our Four part series addresses children and custodial issues that may arise throughout the divorce process. This informational series will be useful to assist in reducing problems while obtaining your divorce in Rhode Island.

1.    Children – unless there are special circumstances, generally both parties are granted joint custody with physical placement of the minor child (children) placed with either one or the other party and the non-custodial parent being granted visitation rights.  If custody or placement become contested issues, there are a minimum of eight factors that the court must consider in the best interest of the child or children in determining custodial, placement and visitation rights.

2.    Custody – In Rhode Island there are two types of Custody:

a.    Joint Custody – both parties share more or less equal decision making in respect to the major health, education, welfare and social aspects of the child. Both parties have joint rights to the child.  The custodial parent makes most of the minor, day to day decisions.  The non-custodial parent however, has a right to be involved in major decisions concerning the child and has a right to any and all information and documents relating to the child’s health, education, welfare and social activities. It is important that both parties keep each other informed as to each other’s phone numbers and addresses. If the non-custodial parent objects to some action on the part of the custodial parent, it would be necessary to file a motion to prevent or terminate the action on the part of the custodial parent.

b.    Sole Custody – only one party is granted custody due to extenuating circumstances such as, but not limited to:

(1)    alcohol and/or substance abuse,
(2)    medical or mental disability or infirmity making it impossible or difficult for the non-custodial parent to participate in the decision making process regarding the health, education and welfare of the child,
(3)    criminal problems,
(4)    domestic abuse problems,
(5)    unfamiliarity of the other parent with the child,
(6)    neglect or abuse of the child,
(7)    non-custodial parent has no interest in the child.

3.    Placement of the Minor Children–

a.    Generally: the children are placed with the mother.  However, it is not uncommon for children to be placed with the father.  If the parties disagree then the Rhode Island Supreme Court cases set out the eight factors that have to be considered and a decision by the court will be made as to whom the child or children are placed with in the best interest of the children.

b.    Shared: infrequent as this concept is it is often difficult to make it work smoothly, the parties work out an arrangement where the child or children go back and forth between parents.  Some of the reasons are financial, educational, employment and availability of either one of the parents.

4.    Visitation–

a.    Generally – depending on the age of the minors involved, usually the non-custodial spouse has overnight visitation rights every other weekend, maybe one or two afternoons a week, and maybe an extended period during vacations.

b.    Reasonable Rights – if the parties have a good relationship then occasionally, no specific times will be set forth in the decree, the parties can work it out depending on their respective schedules.

c.    Special Circumstances:

i.    Disagreement between the parties as to time and place can lead to court intervention through mediation, home studies and possibly a court hearing with both parties presenting both lay and expert witnesses – a very expensive procedure.  The court again takes into consideration at a minimum, the eight factors delineated by the Rhode Island Supreme Court.

ii.    Supervised visitation can be ordered when the non-custodial spouse has provable, personal issues that place the child at risk or during a re-introduction period when the non-custodial parent has not seen the child for some time and/or the child is very young.

iii.    Termination of Visitation Rights can occur if it can be demonstrated that the non-custodial parent for among other reasons:
(1)    becomes abusive or neglectful of the children,
(2)    is a substance abuser in the presence of the children,
(3)    frequently misses or is late for visits

d.    Special Circumstances regarding children – the judges that rule over divorce issues, in particular children, have different points of view. Some are more strict than others, although most are fairly objective.  Depending on the judge, the following are examples of what may or may not be important:

i.    Visitation in the presence of an unrelated adult of the opposite sex,
ii.    Leaving the state with the children for an extended period of time without the consent of either the other parent or the Court,
iii.    Living with someone else before the divorce is final and expecting visitation, overnight or otherwise,
iv.    Living with your wife (possibly for financial reasons) during the divorce and/or at the time of the hearing date.

Please stay tuned for the next part in our “Thinking of Divorce” series pertaining to child support, alimony and the division of assets. Of course, if you need immediate assistance or information please call one of our expert divorce attorneys at (401) 725-1810.

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Filed Under: Alimony, Child Support, Custody, Divorce, Family Law, Visitation Tagged With: child support, custodial issues, custody issues, divorce, Divorce law, family law, joint custody, placement of minor children, sole custody, visitation rights

THINKING OF DIVORCE? Part II: Divorce Documents, Cost & Service

July 8, 2016 By Nicholas DaSilva

Part Two of our Four part series discusses the specific documents required for filing a divorce, along with the cost and service associated with it. This informational series will be useful to assist in reducing problems while obtaining your divorce in Rhode Island.

Documents Required for Filing – The following minimum documents are required for filing a petition:

1. Marriage certificate. It can be a copy or a foreign certificate. If it is in a foreign language an informal translation is required.

2. Summons.

3. Complaint or Petition for Divorce outlining the grounds for divorce and a general demand of what you are seeking. This demand includes topics like custody, placement and visitation of minor children and an equitable division of marital property. A party may ask to decline alimony and the wife may request that she resume her maiden name. When the issues are complicated the demand may be more specified in a document attached to the complaint.

4. A list of names, ages and residency of all minor children born during the marriage. There is a refutable presumption that all children born during the marriage are the biological offspring of both parties.

5. Financial statement called a DR-6.

Additional documents frequently filed:

a. Motion for Temporary Orders – one of the parties, usually the filing party, may ask for temporary joint custody and placement of the children, along with sole use and occupancy of the marital domicile, support for the children, funds to maintain the home and any other reasonable request to keep the family functioning. This motion will be given a hearing date prior to nominal date.

b. Emergency or Ex-Parte Motion – in cases where domestic violence or abuse, drugs, alcohol, dissipation of assets, or other activities on behalf of the other party to the detriment of the filing party, the filing party or responding party can ask for an emergency or ex-parte (one sided) immediate, temporary order for sole custody, placement, limited, supervised or suspension of visitation of minor children, child support, or a restraining order against the other party.

c. Cost – The cost of a divorce depends on if there are minor children, the nature and extent of assets and whether you and your spouse are disagreeing as to custody, placement and visitation of the children, as well as how to divide the assets.

d. Service on the defendant – the other party must be served twenty days or more prior to the nominal date. It is necessary to serve the defendant spouse the Summons and Complaint for Divorce in order for the divorce to be heard. It is critical to know where your spouse resides and/or works to obtain effective service.

Service can be obtained:

1. In hand by a constable at work or at home, which can be fulfilled by an appointment for privacy reasons.

2. If your spouse lives out of state, you know where your spouse lives and your spouse is willing to cooperate, service can be accomplished by e-mailing the documents for an e-mailed response, and/or by certified mail where your spouse signs for the certified documents. If your spouse is uncooperative and we know where your spouse works or lives, we can arrange for a local constable to serve your spouse at either location.

3. If you do not know where your spouse lives, but you do know the last known city and state of your spouse’s residency we can advertise as a last resort. Advertising can cost between $600.00 to $1,000.00 depending on the city.

4. If your spouse lives in a foreign country, depending on the reliability of the mail and if your spouse is cooperative, international certified mail can be used. Otherwise, it can be arranged through a friend or a government agent in that country for your spouse to be served.

Please stay tuned for the next part in our “Thinking of Divorce” series regarding children and custodial issues that may arise throughout the divorce process. Of course, if you need immediate assistance or information please call one of our expert divorce attorneys now at (401) 725-1810.

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Filed Under: Alimony, Child Support, Custody, Divorce, Family Law, Uncategorized, Visitation Tagged With: divorce cost, divorce documents, Divorce law, divorce lawyer, divorce service

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With nearly 46 years practicing law and decades of real-world business experience, the Law Offices of Edward G. Lawson provides effective, efficient legal services to businesses throughout:

  • Rhode Island
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We can accommodate clients at our Pawtucket location or we can meet you at your office to address your legal matters. Call (401) 725-1810 or (800) 511-1347 or contact us online today to schedule your initial consultation.

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Law Offices of Edward G. Lawson
260 Lonsdale Ave
Pawtucket, RI 02860
Phone: 401-725-1810
Phone: 800-511-1347
Fax: 401-725-2244
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