Articles Posted in Child Custody

Rhode Island child custody disputes can be especially difficult during and after a divorce. Family court judges are granted wide discretion in determining what custody or visitation arrangement a family will be required to abide by, and overturning these decisions can be difficult. The Rhode Island Supreme Court recently released an opinion denying a father’s…

Earlier this month, a state appellate court issued an opinion in a Rhode Island family court case discussing whether the plaintiff grandmother could obtain visitation rights to see her grandchildren. Ultimately, the court concluded that the children’s father was a fit parent and that the plaintiff failed to overcome the presumption that a fit parent’s…

While many issues must be resolved when spouses separate, child custody matters are frequently the most hotly contested issues in a Rhode Island divorce. The term “child custody” refers to two separate types of custody, physical and legal. Physical custody refers to the parent with whom the child will live while legal custody refers to…

What would you do if your spouse took your children out of the country and refused to bring them home? A Canadian man unfortunately faced this situation after his wife took off with a child following their annual vacation to Rhode Island. Cases like this illustrate why it is so important to have a custody…

Most of the time that child custody is discussed, it is in the context of divorcing parents. Of course it is increasingly common for the parents of children to not be married. So what are the rights of Rhode Island parents when they are not and have never been married to the other parent? You…

Generally, parents are able to take their children anywhere they want to. However, there are important exceptions to this rule. One common situation is if you share custody of your child with someone else. Another time where you are not allowed to take your child out of the state is if they are in custody…

In a recent decision, the Rhode Island Supreme Court denied a mother’s relocation request. The couple was divorced, and the mother wanted to move with the couple’s four children to Australia. However, the children’s father was staying in Rhode Island. If you are a divorced parent who wants to relocate with your children, or your…

The opioid epidemic is a problem all over the country. Here in Rhode Island, some grandparents are seeking custody of their grandchildren after the parents have become addicted to drugs. However, navigating the Department of Children, Youth, and Families (DCYF) as a grandparent can be difficult, and some grandparents have gone as far as to…

Divorces are famous for bringing out the worst in people. Now, with rapid growth and innovation in technology, ex-spouses sometimes use these new products in ways that can hurt them in family court. In an attempt to gather evidence, people going through a divorce or considering one are using apps and programs to track each…

In 1990, the Rhode Island Supreme Court considered for the first time the rights of parents whose legal presumption of paternity is later challenged during a divorce proceeding. The court held that the mother was equitably estopped from using genetic blood testing to disestablish a child’s paternity in connection with a divorce proceeding. Petitioner and…