The plaintiff in the recently decided case divorced her husband in 1995. As part of a property settlement, the parties agreed that the plaintiff would be entitled to half of the man’s retirement account in lieu of an alimony award. The man remarried years later and continued to accrue retirement benefits from his employer. The man died in 2020, and both his former spouse and his widow sought the surviving spouse benefits from the man’s employer. After the employer refused to award the benefits to the ex, she sued both the employer and the widow, seeking to enforce the divorce agreement and receive the retirement benefits.

After discussing the relevant laws, the Court ruled that the widow was entitled to all of the retirement benefits. Notably, the court found that because the 1995 divorce settlement agreement was “incorporated but not merged” into the final divorce judgment, the settlement was not enforceable by the family court and instead simply as a contract between the parties. Because the laws dictating the dispersal of pension benefits superseded contractual obligations in this case, the ex-spouse did not have a valid claim over the assets.

To most any layman and many attorneys, the difference between an “incorporated” agreement and a “merged” one may appear insignificant, but this recent case demonstrates that a seemingly minor distinction in the language of a contract, stipulation, or order can make the difference in determining the ownership of hundreds of thousands of dollars, or more. Anyone anticipating a divorce involving retirement plans, pensions or other assets should seek out the advice of a qualified Rhode Island divorce attorney to ensure that any agreement is enforceable in the event of a party’s remarriage.

If you or a loved one is anticipating a divorce in Rhode Island, little details may make all the difference in what you receive. Small mistakes at the outset of a divorce may prevent you from receiving what you deserve years down the road. To prevent avoidable mistakes, you should reach out to the qualified Rhode Island family law lawyers at Bilodeau Capalbo, LLP to assist you. Our dedicated attorneys understand the complexities of Rhode Island divorce law, and with our assistance, you can be comfortable that you will receive all that you deserve once your case is resolved. Call us at 401-300-4055 for a free consultation.

According to the opinion’s account of the divorce proceedings below, the husband failed to respond to the wife’s requests to identify marital property and concealed several assets including his pension, workers’ compensation, Certificates of Deposit (CDs), undisclosed accounts, and ownership of the marital home. After several warnings, the trial judge sanctioned the defendant $1,000 per day that the husband failed to provide the requested documents showing proof of his assets, totaling $50,000. The husband argued that the assets were his separate property, though the wife paid what she believed to be her share of the mortgage every month. The trial judge awarded the wife 50% of the value of the husband’s pension, CDs, and the marital home’s appreciation in value. The trial judge also found that the appreciation of the wife’s second home was her separate property, as the husband’s remodeling projects did not contribute to the increased value.

On appeal, the husband argued that the trial judge erred in assigning marital assets to the wife, classifying the wife’s home as separate property, and imposing sanctions against him. He also claimed that the judge abused her discretion and disfavored him in the proceedings below. The high court affirmed the trial judge’s ruling. First, it reasoned that the husband’s decision to delay retirement should not deprive his wife of the pension. Second, the court found that the trial judge acted within her discretion in awarding 50% of the husband’s CDs to his wife. The husband provided no evidence that the CDs were his separate property, and he was not a credible witness on this point because he concealed his assets.

The court also found that the trial judge properly ruled on both homes: the wife contributed to the marital home’s appreciation in value, but the husband’s routine upkeep did not increase the second home’s value. Then, the court affirmed the trial judge’s decision to impose sanctions against the husband. Despite several warnings, the husband continued to withhold information about his assets for over a year after the deadline to disclose. When he did submit financial disclosures, he provided false information. Finally, the court found no evidence that the trial judge disfavored the husband. Because the husband failed to provide evidence that several assets were his separate property and actively hid them under penalty of perjury, the court affirmed the trial court’s decision.

Do You Need a Rhode Island Family Law Attorney?

If you or a loved one is seeking a divorce, the property you believe is separate may actually be marital property subject to division. While this may be frustrating, disclosing your assets upfront will prevent you from receiving costly sanctions in the future. The Rhode Island divorce and family law attorneys at Bilodeau Capalbo will work with you to understand disclosure requirements under Rhode Island law. Through our experienced representation, we have fought for our clients to recover a fair share of their marital property and retain their separate property. To discuss your case with a qualified Rhode Island family law attorney, call our office at 401-300-4055.

When Can a Party Re-Open a Rhode Island Divorce Case?

Rhode Island requires parties to bring an action challenging a judgment or contract under seal, including final divorce settlements, within 20 years of the final judgment or contract. Courts have recognized a few exceptions to statutes of limitations, primarily when extending the time limit would be the most fair and equitable action to take. However, a defendant can also ask courts to bar a legal claim under the doctrine of laches. If the defendant succeeds, the court may prohibit a plaintiff from bringing a claim if the (1) plaintiff could have acted earlier and fails to justify the delay, and (2) the defendant has suffered damage from the delay.

For example, the Rhode Island Supreme Court recently reversed a lower court decision under the statute of limitations and the doctrine of laches. As the ruling explained, the parties were married in 1975 and initiated divorce proceedings in 1992. Both parties signed a property settlement agreement that distributed their marital home along with medical and life insurance coverage. Absent from the settlement, however, was any mention of the husband’s pension. In 2017, 24 years after the settlement took effect, the wife filed a motion for post-judgment relief seeking one-half interest of the marital portion of her ex-husband’s pension. She claimed that her ex-husband concealed the pension by not informing the wife or her counsel of its existence at the time of their divorce. A trial judge agreed, holding that the statute of limitations or laches did not bar the wife’s claim because she did not learn about the pension until 2017.

On appeal, the state’s high court reversed, holding that the 20-year statute of limitations barred the wife’s suit. Since the wife brought her motion 24 years after the settlement, she could no longer claim an interest in her ex-husband’s pension. Additionally, even if the wife did not know about the pension at the time of the divorce, she had ample opportunity within the 20-year period to discover what marital assets existed and seek an equitable distribution in court. Furthermore, the court declined to extend the statute of limitations for reasons of fairness or equity because it found the ex-husband did not actively conceal his pension. Rather, the court explained that “mere silence or inaction” did not amount to misrepresentation sufficient to extend the wife’s deadline to re-open the settlement. Because the statute of limitations clearly barred the wife’s suit, the court did not need to address the doctrine of laches. Ultimately, the supreme court vacated the family court’s order awarding a share of the husband’s pension to the wife.

Contact an Experienced Rhode Island Divorce Attorney

If you are going through a divorce or seeking to re-open a divorce settlement, it is crucial to have a skilled Rhode Island divorce attorney by your side. While the law may seem clear on its face, judges have broad discretion in applying the law to the facts of your case. The dedicated family law and divorce attorneys at Bilodeau Capalbo have years of experience representing clients in the Rhode Island court system. Our attorneys understand the complicated divorce laws in Rhode Island and will help you secure the settlement you deserve. To discuss your case with a qualified Rhode Island family law attorney, call our offices at 401-300-4055.

The appellant in the recently decided appeal is the father of a young child born in 2018. Based upon existing neglect and termination proceedings concerning the mother’s other children, the DCYF immediately opened a neglect case in regard to the child once they learned of the birth. As part of the neglect case, a case plan was developed to allow the father to demonstrate his fitness as a parent. The father and mother were no longer a couple when the neglect case was initiated, so the DCYF assigned individual case plans to each of the parents. The father, who allegedly admitted to selling drugs in the past to a DCYF-referred therapist, was instructed to abstain from drugs and alcohol and enter into substance abuse treatment with random drug screenings as part of the case plan.

According to the facts discussed in the appellate opinion, the father attempted to comply with many portions of the case plan, attending parenting classes and supervised visits with the child. The father did not, however, submit proof that he attended a substance abuse evaluation or provide drug screening results as expected. While the case plan was in effect, the father was arrested for possession of heroin and incarcerated. In response to his arrest and incarceration, the DCYF chose to pursue termination proceedings against the father. A trial was held on the matter, where the family court determined that the father was unfit to parent the child, that he was unlikely to become a fit parent in a reasonable amount of time, and that the child’s current placement in a foster home was healthy and likely to result in an adoption. Based on those findings, the family court entered an order terminating the father’s parental rights.

The father appealed the termination of his parental rights to the Rhode Island Supreme Court, arguing that the terms and conditions of his case plan were not clearly laid out and that he substantially complied with the case plan to demonstrate his fitness as a parent. The appellate court acknowledged that the father took action in compliance with the case plan and may have attempted to obtain substance abuse treatment and drug screenings, but he did not sufficiently comply with the case plan as a whole. The appellate court further found that the father’s subsequent arrest and conviction for a serious drug crime while participating in the case plan was a firm determiner as to his unfitness as a parent. As a result of the high court decision, the father’s parental rights will remain permanently terminated.

If you or a loved one has been confronted with a Rhode Island child welfare investigation or termination proceeding, the development of a case plan in conjunction with the DCYF is an important part of retaining your parental rights and regaining custody of your children. The knowledgeable family law and child welfare attorneys with Bilodeau Capalbo, LLP understand how to assist our clients in developing a reasonable case plan with DCYF, and we can ensure that your compliance with the plan is relayed to the family court. With our guidance and support, you can protect your parental rights and prevent the DCYF or courts from taking your children away. If you have questions about a Rhode Island family law issue, we’re here to help. Call us at 401-300-4055 for a free consultation.

The appellant in the recently decided appeal is the natural father of a nine-year-old boy who has been the subject of a DCYF investigation that was opened in 2018 as a result of the appellant reporting the child’s mother for neglect. As part of their investigation, the DCYF convinced the family court to temporarily place the child in the custody of his maternal grandmother. In late 2018, the DCYF created a case plan for the father to participate in to demonstrate his ability to properly care for the child as his primary custodian. The DCYF requested that the father attend substance abuse and mental health treatment, and participate in supervised visits through a parenting program. Although the father did attend some treatment appointments and scheduled visits, he ultimately abandoned the case plan.

In January 2020, the DCYF filed a petition to terminate the father’s parental rights and have the child permanently placed in the care of his grandmother. After a six day trial, the Family Court granted the DCYF petition, finding that the father was not fit to care for his son and that it was in the child’s best interests to be permanently placed in the custody of his maternal grandmother. The father appealed the Family court ruling, arguing that he was justified in abandoning the DCYF case plan, and that he was a fit father. The Supreme Court found that the findings of the lower court were valid, ruling that the father’s objections, while valid, were not sufficient to overcome the judgment of the family court. As a result of the appellate opinion, the father’s parental rights are permanently terminated.

Child welfare and termination proceedings are stressful, and undesired rulings can be permanent and devastating to a parent. The DCYF is notorious for treating parents arbitrarily, and individual case workers may make vastly different findings from each other, depending on their personal biases. Any parent facing a child welfare proceeding should seek competent legal counsel to assist them in maintaining custody of their child and protecting their parental rights. DCYF case workers and court-appointed psychologists should not simply be accepted and believed without further investigation. A qualified family law attorney can ensure that qualified experts offer testimony in each case, and prevent a DCYF claim from going off the rails.

If you or a loved one is facing a Rhode Island child welfare investigation or termination proceeding, it is essential to retain an experienced Rhode Island family law attorney early in the process to ensure your case proceeds fairly. The knowledgeable family law and child welfare attorneys with Bilodeau Capalbo, LLP understand how to assist our clients in convincing the courts to retain custody and parental rights of their children. With our guidance and support, you can protect your parental rights and get the DCYF and the courts off of your back. If you have questions about a Rhode Island family law issue, we’re here to help. Call us at 401-300-4055 for a free consultation.

The DCYF recently succeeded in denying a natural grandfather the opportunity for placement and adoption of his grandson, after the natural father was found to be an unsuitable caretaker. Based on criminal and civil investigations, the DCYF initiated proceedings by taking the minor child from his natural father’s custody and placing him in a temporary foster home. The child’s grandfather attempted to have the child placed with him, both temporarily, and on a permanent basis. Proceeding without an attorney, the grandfather attempted to apply with the DCYF to have the child placed with him, although he did not follow the exact procedures required to make the request, and it was denied.

Later, the natural father’s rights were definitively and permanently terminated, and the child was adopted to an unrelated family, against the grandfather’s objections. The grandfather appealed to a higher court to challenge the denial of his attempts to adopt the child, seeking a declaratory judgment that would affirm that he had been wronged by the DCYF. On appeal, the court found that the grandfather lost all basis to challenge any of the courts’ determination because the father lost his parental rights, and at that point, the grandfather had no rights to the child. This ruling was made in spite of the fact that the grandfather started requesting placement and adoption long before the father’s rights were terminated.

Contact a Rhode Island Family Law Attorney for Immediate Assistance

The courts’ draconian and apparently unfair rulings stem in part from Rhode Island law’s insistence on procedural adherence, even when it buts up against fairness or any best-interest analysis. Although it seems unfair, it is a simple fact that the grandfather would have been more likely to succeed at his attempts to care for and adopt the child if he had hired a knowledgeable Rhode Island family law attorney to represent him from the start. If you or a loved one is interested in adoption or facing parental termination proceedings, the stakes are extremely high, and one strategic mistake could permanently doom your attempts. Reach out to a qualified Rhode Island family law attorney who works with Bilodeau Capalbo, and you can be sure that your case will be handled properly. Our experienced family lawyers understand Rhode Island courts’ reasoning in adoption and termination matters, and we can persuasively make your case to the court from the get-go. At Bilodeau Capalbo, we represent clients in all types of Rhode Island family law cases, including adoptions, termination proceedings, divorces, and custody claims. Contact us today to schedule a free consultation with an experienced Rhode Island family lawyer by calling 401-300-4055.

According to the facts discussed in the appellate opinion, the plaintiff in the recently decided case is the father of a child that he shares with the defendant. The parties were never married, but after they broke up, the plaintiff sought court orders to allow him visitation and partial custody of his child. After a trial, the plaintiff was granted partial custody and visitation with the child. After the entry of the custody orders, the defendant has since filed a motion with the court asking her to be allowed to relocate to Florida with the child. Rhode Island law requires that relocation by one parent against the wishes of the other parent can only be permitted if a court determines that the relocation would be in the best interest of the child.

The defendant argued that relocating was in the best interest of the child because she was struggling to raise her children as a single mother (she had another child from a previous relationship), and her mother would be available to help in Florida. Additionally, she had been offered a job in Florida. The family court evaluated the parties’ arguments and denied the mother’s motion. Specifically, the family court judge found that the mother failed to demonstrate how the relocation would be in the child’s best interest.

The mother appealed the ruling to the Rhode Island Supreme Court, where the lower ruling was affirmed. The high court found that the family court had properly applied the law to the facts of this case, and accepted the ruling that the child’s best interest would be better served if the mother was not permitted to relocate with the child. As a result of the appellate ruling, the defendant will not be permitted to move with the child to Florida.

Are You Considering Moving Out of State with Your Child?

If you or a loved one has been given an opportunity to move out of the state with your child and pursue a better life, obtaining permission for the relocation can be an uphill battle. Without the consent of the other parent, Rhode Island courts are hesitant to allow the primary custodian to leave the state with the child without a compelling reason to do so. If you are looking to move, it is essential to have all your ducks in a row before asking the court for approval. The experienced Rhode Island family law attorneys at Bilodeau Capalbo have successfully argued for relocation in the past, and with our advocacy, we can demonstrate to a court that your proposed move will be in the best interest of your child. Contact us today to schedule a free consultation with an experienced Rhode Island real estate attorney by calling 401-300-4055.

Couples and families who are living their lives together have many reasons for wanting their relationship to be recognized by the state. A married couple enjoys automatic rights that can be more difficult for unmarried partners to enjoy. Married couples are able to purchase health insurance for their spouses through their employers. Additionally, spouses are entitled to certain disability, pension, and other benefits earned by their spouse. Until the legalization of same-sex marriage nationally in 2015, same-sex couples in Rhode Island were unable to get legally married and were forced to rely on a domestic partnership application. Although marriage is now permitted for same-sex couples, domestic partnerships remain an option for same-sex or intersex couples who desire the benefits of a legally recognized relationship without getting married.

In 2001 the State of Rhode Island changed the law to make domestic partnership benefits available to state employees, by treating domestic partners as a dependent under state law. Under this law, domestic partners are able to share employer-run health insurance benefits, as well as retirement and other benefits. To qualify for such a domestic partnership, the employee partner must submit an affidavit to their employer stating that they are unmarried adult partners who have lived together for at least a year and have interdependent finances, as demonstrated by submitting evidence of shared finances. Although private and municipal employers are not required to recognize domestic partnerships in the same manner as the state, many choose to do so.

Contact a Rhode Island Family Law Firm for Help Answering Your Questions

Since becoming legal in 2015, same-sex marriage in Rhode Island entitles all couples equally to marriage benefits. Some couples may not wish to get married, however, and still can qualify as a domestic partnership. If you and your partner are considering marriage or domestic partnership and have questions about what that may entail, the qualified Rhode Island family law attorneys from Bilodeau Capalbo can give you valuable advice. Our experienced Rhode Island family lawyers understand how state and federal law intersect when it comes to marriage rights, and we can assist our clients with applying for domestic partnership benefits. The full-service family law firm of Bilodeau Capalbo represents clients statewide in all types of family cases, including divorces, custody, and adoption claims. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney.

According to the discussion in the local report, Rhode Island is one of the two worst states for obtaining a true shared child custody order. Although many experts agree that the best interests of children are served by effective joint custody arrangements, the family court system in Rhode Island is designed to choose one parent over the other as the “primary custodian,” while the other parent falls into more of a secondary role. The courts’ tendencies to favor primary/secondary custody arrangements may be the result of outdated gender roles that have assumed women would act as “stay-at-home moms” while their ex-partner would work and support the child by making child support payments. In today’s society, this belief is outdated. Many fathers want to take an equal role in parenting responsibilities, while many mothers work full time. As a result of these changes, the state laws should be updated to favor shared custody arrangements.

Although the state laws to determine custody in Rhode Island tend to support a primary/secondary custody arrangement, shared or 50/50 custody is available and commonly ordered by the courts. Family courts in Rhode Island see the “best interests of the child(ren)” as a primary factor in determining a final custody order. A skilled Rhode Island family law attorney should be able to make a case to the court that a shared or 50/50 custody order would be in the best interests of the children. Although Rhode Island is not the easiest place to seek out joint custody in the event of a divorce or custody dispute, parents with competent legal representation can ensure that the final order is consistent with the best interests of their children.

The Best Option for Parents Involved in a Divorce or Custody Dispute

If you or a loved one is anticipating a divorce, or in the process of a custody dispute, selecting and retaining a qualified Rhode Island family law attorney can make all of the difference in your case. The experienced Rhode Island family law attorneys with Bilodeau Capalbo understand the factors that courts take into account when awarding custody to parents, and with our help, you can be confident that your case will be handled effectively, from beginning to end. Contact Bilodeau Capalbo, LLC to schedule a free consultation with a skilled Rhode Island family law attorney by calling 401-300-4055 today. You can also connect with us through our online form.

According to the relevant part of the statute, Rhode Island General Laws 1956 § 15-7-7, explains the court shall terminate any and all legal rights of a parent to a child if the court finds:

• With clear and convincing evidence that the parent is unfit by conduct or conditions detrimental to the child
• The child has been in legal custody or care with DCFY for at least 12 months, and the parents were offered services to remedy the situation that brought the children into care.

In this case, DCFY argues that the mother exhibited seriously detrimental conduct to her children, and future appropriate care is improbable. In support of its position, DCFY presented evidence that visits with the children were chaotic. The mother resisted signing releases for the children to obtain services. She frequently missed visitations or showed up late. Moreover, the woman’s oldest child stated that he enjoyed the family he was placed with and did not desire to return to his biological mother or father.

On appeal, the court noted that while natural parents have a fundamental interest in their children’s care, custody, and management, the interest is not absolute. Parents’ rights are counterparts to the responsibilities they have assumed. Among several contentions, the mother argued that DCFY failed to establish that it made reasonable efforts to reunify. However, the court found that DCFY accomplished this standard by creating four sets of service plans and opportunities for meaningful visitation and making referrals for services. As such, the court ultimately concluded that the trial justice did not err in finding that DCFY met their burdens.

Reach Out to a Rhode Island Family Law Lawyer to Schedule a Free, No-Obligation Consultation Today

If you face the termination of your parental rights or need assistance with another family law matter, contact the Rhode Island family law attorneys at Bilodeau Capalbo, LLC. The lawyers at our office have extensive experience favorably resolving family law cases on behalf of our clients. Our firm handles cases stemming from Rhode Island custody and support matters, property division, divorce, marital agreements, modifications, paternity, and protective orders. Contact our office at 401-300-4055 to schedule a free and confidential consultation to discuss your Rhode Island family law matter with an experienced attorney.

The plaintiff in the recently decided case was married to the defendant, and the parties had one child together. According to the facts discussed in the appellate opinion, the parties reached a settlement for their divorce terms, including issues such as child support, payment of private school expenses, as well as custody and visitation. Several years after the parties divorced, they modified the agreement with what is called a consent order. Under the consent order, the father’s child support obligation would be reduced by approximately $400 per month, and he would agree to pay for one-half of the cost of post-high school education for the child.

After the consent order was put into place, the father reduced his child support payment as agreed. When the child entered college, however, the father refused to pay for one-half of the tuition as discussed in the consent order. The mother sued the father in family court, arguing that he was in contempt of the consent order and should be ordered to pay his share of college tuition. The family court agreed with the mother and ordered the father to pay one-half of the college costs.

The father appealed the family court ruling to the Rhode Island Supreme Court, primarily arguing that the family court did not have the jurisdiction to order him to pay for expenses for educating the child once he had become a legal adult. The father relied on state law which prevented family courts from ordering parents to support their children after the age of 18. The state Supreme Court rejected the father’s arguments, finding that the consent order was a valid contract between the parents and that the father’s child support obligation was reduced significantly in exchange for his promise to pay for part of the child’s college. The high court determined that the family court is permitted to enforce contractual obligations between married parties, and found that the father was contractually obligated to pay for his share of expenses as agreed to in the consent order.

Obtaining Competent Legal Advice for Rhode Island Family Law Issues

If you or a loved one is considering divorce or filing a child custody case, it can be difficult to foresee all of the issues that may come up after the case has been finalized. Consulting a qualified Rhode Island family law attorney from Bilodeau Capalbo can give you peace of mind that your case is being handled properly. Our experienced Rhode Island family law lawyers understand the factors that are most important to family courts when considering custody and support, and our advocacy will help you achieve your goals. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney.

In a recent state Supreme Court decision, the court affirmed a family court order denying a mother’s motion to relocate with the parties’ child. In the case at hand, the parties shared joint custody of their child, with physical placement with the mother. The mother filed a motion to relocate with her child from Rhode Island to New Jersey, stating reasons associated with her employment and overall welfare and happiness. The father filed an objection to the mother’s motion and emphasized the need for shared parenting and the fact that the parties’ families were both located in Rhode Island. After hearing testimony from both parties, the trial justice denied the mother’s request to relocate and held that it would not be in the child’s best interest to relocate as the mother requested.

On appeal, the mother argued that the trial justice erred in denying her motion because they overlooked and misconceived evidence. The Supreme Court, however, ultimately affirmed the family court’s order denying the mother’s motion to relocate with the parties’ child. Although the mother cited an increase in financial circumstances due to new employment in New Jersey as a reason for relocating, this was undermined by the fact that the mother already makes an amount equal to what she would have made at her new job after relocating. The presence of the child’s maternal and paternal relatives in Rhode Island also played a role in affirming the Court’s decision.

When reviewing such cases, the Supreme Court of Rhode Island typically does not disturb the decisions made by a justice in the family court when it comes to custody and best interests of the child unless the justice abused their discretion. Generally, the trial justice’s decisions concerning custody and the best interests of the child are affirmed unless the factual findings involved overlooking or misconceiving material evidence, or the decision was clearly wrong.

In Rhode Island, when determining whether a requested change is in the best interests of a child, several factors must be weighed. These factors include (1) the wishes of the child’s parent or parents regarding the child’s custody, (2) the reasonable preference of the child, if the child has enough understanding and experience to express a preference, (3) the interaction and relationship of the child with the child’s parent, siblings, and other individuals or family members who may affect the child’s best interest, (4) the child’s adjustment to their home, school, and community, (5) the mental and physical health of everyone involved, (6) the stability of the child’s home environment, (7) the moral fitness of the parents, and (8) the willingness of each parent to facilitate a continued close and continuous relationship between the child and the other parent.

Do You Need a Rhode Island Family Law Attorney?

If you or someone you know is struggling with a Rhode Island child custody or family law case, contact the attorneys at Bilodeau Capalbo for assistance. Our lawyers will provide you with the experience, support, and advocacy you need to navigate your claim with ease. To schedule a free consultation today, contact us at401-300-4055.

In the recently decided case, the Respondent is the natural father to a child born in October 2016. According to the court’s opinion, the child was taken into DCYF custody shortly after birth because of issues with both parents’ ability to care for her. Evidently, one of the mother’s previous children had died in an accident related to child neglect, and the father had apparent drug and alcohol problems, as well as a history of domestic violence.

After the DCYF took custody of the child, a reunification plan was put into place to allow the father to regain custody of the child. As part of the reunification plan, the father needed to attend several parenting and substance abuse classes and attend supervised visits with the daughter to introduce him to the child and help him with parenting skills.

Although the father substantially complied with some of the terms of the reunification plan, he ignored or abandoned other requirements. In addition to this, his lifestyle continued to suggest that he was an unfit parent in the eyes of DCYF. DCYF initiated proceedings to terminate the father’s parental rights on the grounds of child neglect. Shortly after the child’s second birthday, a trial was held on DCYF’s petition, and the trial judge found that the father had not corrected the problems that resulted in the child being taken away and that his failure to take accountability and seek to change his behavior made him an unfit parent. Because the child had been placed with extended family and had acclimated well to her new environment, the court decided to terminate the father’s parental rights, paving the way for the child to be adopted by her aunt and uncle.

The father appealed to the Rhode Island Supreme Court, where the trial court judgment was affirmed. Notably, the high court found that while the father participated in some of the required programs, he was unable or unwilling to fully cooperate with the service providers or follow through with their recommendations. Additionally, the father failed to obtain a substance abuse evaluation, secure full-time employment, or obtain suitable housing as recommended. Agreeing with the trial court on these issues, the high court affirmed the decision to terminate the father’s parental rights, suggesting that it would be in the best interest of the child to remain permanently in the care of her paternal uncle and aunt through an adoption proceeding.

Do You Seek a Rhode Island Family Law Attorney?

If you or a loved one is seeking to adopt a child who was placed in your temporary care, or if you are facing neglect charges or termination proceedings, it is essential to have a qualified Rhode Island family law attorney by your side. The knowledgeable and compassionate family law attorneys at Bilodeau Capalbo understand the factors that are most important to Rhode Island family courts in addressing child welfare issues, and with the advice and representation of one of our attorneys, you can be sure that the proper steps are taken to keep a child safe and in your care. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney.

In the recently decided case, the respondent is the father of a minor child who had been placed in foster care shortly after her birth in 2014 because the parents were “red-flagged” by the state Department of Youth and Families for instances of abuse against other children in their care. Between 2014 and 2016, the Department instituted a plan for the respondent to demonstrate his fitness to safely and effectively parent his child in order to assume custody of the child. According to testimony from the termination proceedings, the respondent repeatedly refused to cooperate with the Department in formulating and following through on the reunification plan. The respondent would have some visitation with the child. However, he did not attend classes as requested by the Department, and he was repeatedly incarcerated for short periods of time and unable to attend to the reunification plan or visit the child.

After months of attempted reunification, the Department ultimately sought to terminate the respondent’s parental rights so that the child could be adopted into the foster home where she had lived most of her life. The Department argued that the respondent was unfit to parent the child as he was uncooperative with the Department plan and unable to keep himself out of jail long enough to have a relationship with his daughter. The Department also argued that the child was happy in her foster family and that they desired to adopt her into their home permanently if she was placed up for adoption.

The family court ruled, and the Rhode Island Supreme Court ultimately agreed, that the father was not fit to parent his daughter. Although the father argued that it was the mother and his relationship with her that was the real threat to the child (and that he had permanently terminated such relationship), the courts were not convinced that he would be able to parent the child. Additionally, the evidence that the child thrived in her foster home environment and would benefit greatly by being adopted by her foster parents weighed heavily on the court’s decision. By the time the supreme court was ready to rule on the appeal last year, the child had already been adopted and was doing well with her new family. As a result of this, as well as the lack of evidence of any mistakes made by the family court in its initial ruling, the decision to terminate the father’s parental rights was affirmed.

Competent Legal Counsel is Essential in Parental Termination and Adoption Proceedings

If you or a loved one is seeking to adopt a child, facing a parental termination proceeding, or working with the Rhode Island Department of Youth and Families to regain custody of your child, the stakes couldn’t be higher. Having the advice and counsel of a trusted Rhode Island family law attorney from Bilodeau Capalbo can make the difference in your case. Our skilled advocates understand how family court judges reach their decisions, and we can advise your choices and help argue your case to obtain the result you desire. We represent clients in all types of family law proceedings, including divorce, custody, adoption, as well as parental termination proceedings. Contact Bilodeau Capalbo at 401-300-4055 today to schedule a no-obligation consultation and discuss your case.

According to the court’s opinion, the respondent in the recently decided case is a woman who struggled for most of her life with addiction and abuse. The evidence showed that the respondent was abused as a child and driven into drug and alcohol use from a young age. In addition to her addiction, the respondent was involved in abusive relationships throughout her life. When the respondent was pregnant with the child at issue in this case, she and the father of the child were arrested for neglect which resulted in injuries to another child that they shared. As a result of the pending charges, as well as the respondent’s substance abuse problems and failure to have a safe home or obtain any prenatal care for her soon-to-be-born daughter, the Rhode Island Department of Children Youth and Families (DCYF) temporarily took the child from the mother when she was born, and placed her into a foster program.

Although the respondent attempted to make changes in her life and attended several programs for new mothers struggling with parenthood and substance abuse issues, she maintained her relationship with the abusive father of her children, and ultimately was sentenced to prison time for the neglect charge, which interrupted her attempts to gain permanent custody of the child. Based on the ongoing issues, the DCYF sought to permanently terminate her parental rights, arguing that there was not a reasonable probability that the child would be able to safely return to the mother’s care within a reasonable amount of time. The family court ruled that there was clear and convincing evidence that the respondent was an unfit parent, and her rights were terminated.

The respondent appealed the ruling to the Rhode Island Supreme Court, arguing in part that the higher standard of proof required to terminate parental rights, which is clear and convincing evidence of unfitness, was not met at trial. The high court disagreed with the respondent, and ruled that the 63-page family court ruling was supported by ample evidence that the respondent was unwilling or unable to maintain a safe environment for the child, and that her ongoing surreptitious relationship with the father of the child would continue to threaten the child’s safety. As a result of these findings, the respondent’s parental rights have been permanently terminated, and she will be unable to have a relationship with her daughter until the child reaches adulthood.

Find Competent Legal Representation in Termination and Adoption Proceedings

If you or a loved one are facing a parental termination proceeding, or seeking to take custody of a child in a dangerous situation, having a qualified Rhode Island family law attorney at your side can make all of the difference. The skilled family law attorneys at Bilodeau Capalbo understand the nuances of child custody and adoption proceedings, and help clients defend their rights when it comes to their children. Call our offices at 401-300-4055 to talk to a Rhode Island family law attorney at Bilodeau Capalbo today.

According to the court’s opinion, when the daughter was two years old, Department of Children, Youth, and Families (the Department) filed a petition seeking to terminate the mother’s parental rights to her daughter. The Department claimed that the daughter had been in its custody or care for twelve months or more, that the mother had been offered services, and that there was not a substantial probability that the daughter could be returned to the mother within a reasonable period of time.

Evidently, the mother had been hospitalized at least fifteen times and had attempted to commit suicide multiple times. An expert psychologist testified that he diagnosed the mother with bipolar disorder with psychotic features. On appeal, the mother argued that the family court was incorrect in finding the Department made reasonable efforts to provide the mother with services, that the mother was unfit, and that the termination of parental rights was in the best interests of the child.

Biological parents have a right to custody of their children. However, if a parent is found to be unfit, the state may be able to terminate the rights of the biological parents if reasonable efforts have been made to reunify the parent with the child and that it is in the best interests of the child to terminate parental rights. Under Rhode Island law, a parent is deemed unfit if the parent “exhibited behavior or conduct that is seriously detrimental to the child, for a duration” that makes it unlikely for the parent to care for the child “for an extended period of time.”

The family court found that the mother was unfit because she failed to follow through with the treatment, including failing to address her substance abuse and her need for mental health treatment. The court also found the state made reasonable efforts to reunify the mother with the daughter, including arranging visitations, and making referrals to services for substance abuse, mental health treatment, parenting, and others. The court further found that it was in the daughter’s best interests to terminate the mother’s parental rights, because although the court found that the mother clearly loved her daughter, the child would become very upset when she was with her mother, and her mother was unable to care for her. Therefore, the Supreme Court upheld the termination of the mother’s rights.

Contact a Rhode Island Divorce Attorney

If you need legal representation in a divorce case or other family law case, contact an experienced Rhode Island family law attorney. Bilodeau Capalbo, LLC represents clients in Rhode Island in family court cases. Our attorneys can help you make sure that your voice is heard in a settlement agreement, custody arrangement, and any other family law case. We have offices in West Warwick and South Kingstown, Rhode Island, as well as in Connecticut. Call us at 401-300-4055 or fill out our online form to arrange an appointment with a family law attorney today.

Divorce Versus Annulment

Divorce and annulment are very different things. In a Rhode Island divorce, the parties are ending what is agreed to have been a valid marriage. However, an annulment is a legal proceeding in which a marriage is declared void. After a successful annulment, legally speaking, it is as though the marriage never took place.

Under What Circumstances Can a Marriage Be Declared Void

There are only a few limited circumstances in which a Rhode Island marriage can be declared void. Under Rhode Island General Laws § 15-1-5, both bigamous marriages and those involving a person who is mentally incompetent at the time of the marriage are absolutely void. A bigamous marriage is one in which one of the parties involved is still currently married to another person or “a relationship that provides substantially the same rights, benefits and responsibilities as a marriage whether entered into in this state or another state or jurisdiction.”

Another far less common statute declares “incestuous” marriages null and void. In Rhode Island, an incestuous marriage is one between a person and his or her “sibling, parent, grandparent, child, grandchild, stepparent, grandparents’ spouse, spouse’s child, spouse’s grandchild, sibling’s child or parent’s sibling.” There is, however, an exception for those of the Jewish religion. Under § 15-1-4, marriages that are “solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by their religion” are not affected by the prohibition against incestuous marriages.

Notably, the above examples involve Rhode Island marriages that are “void.” Lawmakers’ use of the term void, rather than “voidable,” means that these marriages are considered void even if no party to the marriage challenges the marriage. Voidable marriages, on the other hand, are marriages that can be declared void at the action of a party. The import of this distinction is that spouses in voided marriages will not be considered a beneficiary of their purported spouse’s estate by default.

Do You Need a Rhode Island Family Law Attorney?

If you have currently realized that your marriage may need to be declared void, contact the dedicated Rhode Island divorce lawyers at Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients in a wide range of Rhode Island family law issues, including divorces and voided marriages. We provide prospective clients with a free consultation to discuss their needs, as well as discuss how we may be able to help. To learn more, and to speak with a dedicated Rhode Island family law attorney today, call 401-300-4055 to schedule your free consultation.

See Related Posts: What Is an Easement in Rhode Island Real Estate Law?, Rhode Island Divorce Lawyer Blog, February 13, 2019.

How Do Courts Divide Assets in a Rhode Island Divorce?, Rhode Island Divorce Lawyer Blog, January 29, 2019.