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Generally speaking, Family Court Judges want to encourage the continued relationship and interaction of the minor children with both the father and the mother.
Unfortunately more difficulties occur than most people would believe when it comes to visitation issues. This is perhaps best illustrated by a typical example of a Rhode Island Family Court visitation case.
Willie is a minor child who lives with his mother Angela. Stan is Willie's father and has a weekly visitation schedule with his son. Stan and Angela were awarded joint legal custody by the family court. Angela receives regular child support that is garnished directly from Stan's paycheck. The amount that Angela receives includes $180 per week that is supposed to go to pay one-half (1/2) of Willie's daycare expenses. Stan discovers that for more than a year Willie has not been going to daycare at all and that Angela has been keeping the money. Stan has his attorney file a motion to modify his child support downward and a motion asking that he be given credit for the monies he has paid toward the non-existent childcare expenses. Upon finding out about the motions, Angela immediately refuses Stan visitation with his son when change at work prevents Stan from being able to have visitation with his son on the exact times and days specified in the Court's order. Angela immediately sets up new childcare services without speaking with Stan.
Can Angela legally deny Stan visitation under these circumstances?
What impact, if any, will Stan's legal custody rights have on the denial of visitation?
Does the Family Court Judge have the power to grant Stan financial relief for two months if Angela refuses to let Stan see his son for that period of time?
Visitation issues can be very tricky because they are sometimes triggered by other circumstances, occurrences, rights or issues between the parties. Visitation issues can be extremely sensitive and problematic when one or both of the parents or someone who has contact with the minor child suffers from alcoholism, drug use, addiction, or is physically or mentally abusive or otherwise unstable. These latter issues are the most crucial as they could substantially impact or endanger the minor child(ren).
Do you know your rights when it comes to visitation or denial of visitation?
Visitation can be a complex issue or a simple issue. To the untrained eye a simple issue might be a very complex issue.
If you would like to discuss your visitation case to get a handle on what you may be up against then call Attorney Christopher Pearsall to set up your low-cost consultation.
Know your rights and what to expect. Trust me, your child is worth the price of this valuable consultation.
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Christopher A. Pearsall, Esquire and set up Your Legal Advice Session Today!
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Notice: This website is provided as a courtesy to provide you with a greater appreciation of the complexity of Rhode Island divorce and family law issues. This website is not legal advice. Legal advice regarding Rhode Island Divorce, Child Custody, Child Support and Family Law issues under the laws of the State of Rhode Island should be provided only by a licensed Rhode Island Divorce Attorney or Family Law Lawyer who knows all the facts and circumstances of your case and can advise you after a comprehensive and detailed advice session regarding your case. (*Disclaimer: Rhode Island licenses all attorneys in the general practice of law. Rhode Island does not have a procedure for certification or specialization in any particular area of law.)
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