Rhode Island matrimonial law generally entitles a divorcing spouse to a portion of the other spouse’s retirement or pension assets that accrued during the marriage. This general rule appears to be straightforward, however, it can be distorted in practice. An especially difficult situation can arise when a spouse remarries after…
When parties undergo divorce proceedings, they must fully disclose their assets. The trial court will then determine which assets are separate property and which are marital property subject to equitable division between the parties. However, issues arise when a party is dishonest about the existence or value of their assets.…
Long after two parties have reached a divorce settlement, one party may discover marital assets that other party failed to disclose during the settlement process. When a person actively conceals a marital asset, their ex-spouse may seek a new settlement equitably dividing the asset between the parties. Those seeking to…
The Rhode Island Division of Children, Youth, and Families (DCYF) is tasked with the unenviable job of addressing abusive or neglectful parents whose conduct may put their children at serious risk. The DCYF often is involved in cases where one or both parents are suffering from mental health issues and…
The State of Rhode Island has enacted administrative and legal methods for intervening in a parent’s parental and custodial rights if a child is being neglected or abused. Generally, the state Department of Children, Youth, and Families (DCYF) will be notified about the suspicion of child abuse or neglect, and…
The work of administrative child protection agencies (colloquially called “Child Protective Services” but known as the Rhode Island Department of Children, Youth, and Families in this state) can be some of the most difficult and emotionally taxing legal work imaginable. The DCYF is tasked with the difficult job of determining…
When parents split up, custody and care of the children becomes an extremely important issue to resolve. Although some couples agree on custody, visitation, and support conditions for their co-parenting arrangement, court orders memorializing an enforceable agreement are usually necessary to ensure each party is held accountable to uphold their…
Many states including Rhode Island have allowed for the development and civil recognition of various forms of relationships between residents for purposes of asset and debt division, medical care decision making and information access, insurance coverage, as well as for tax and other purposes. In addition to standard marriages, the…
Many child and family psychologists have determined over the years that it is best for a child to have a meaningful and healthy relationship with both their parents. In the event of a divorce or break-up, it can be difficult for children to have such meaningful and healthy relationships with…
Recently, the Rhode Island Supreme Court issued a decision affirming the decree of a family court terminating a mother’s parental rights to her four children. The Department of Children, Youth, and Families (DCFY) became involved with the family after the mother was hospitalized for mental health issues. DCFY filed a…