Articles Posted in Child Custody

Published on: September 30, 2022

When To Consider Mediation to Resolve a Rhode Island Divorce or Custody Dispute

Divorces and child custody cases can be some of the most conflict-ridden and emotionally charged legal disputes that are addressed by Rhode Island courts. Many parties to these disputes are so overcome with emotion from the conflicts that led to the legal filings that compromise and agreement can seem out of the question. The fact is, that most Rhode Island divorce and custody cases are at least partially resolved through mediation, and the majority of litigants who resolve family law claims through mediation are pleased that they were able to reach an agreement.

Mediation is an officially sanctioned negotiation process where parties to a dispute can meet with a neutral third party to discuss the issues of their case and attempt to reach a resolution. Mediators may be attorneys, social workers, or even retired family court judges. The job of the mediator is to facilitate communication between the parties, while also offering advice as to how a court may rule on the contested issues. The goal of the mediation is to have the parties agree to an enforceable resolution of all or some of the issues in the case, to avoid a judge having to rule against one party or the other in an adversarial dispute.

Mediation has several benefits. Parties are more likely to accept and follow a family court order that is the result of mediation, because each party agreed to the order, and cannot claim that it was imposed upon them. Mediation is also generally more time efficient and less expensive than a resolution obtained through court proceedings and trial. Additionally, meditation can benefit families by facilitating face-to-face interaction between conflicted couples, which can lead to an improved co-parenting dynamic in the future.

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Published on: May 10, 2022

Grandfather’s Attempt to Adopt Neglected Grandson Thwarted by Rhode Island Department of Children, Youth, and Families.

By Bilodeau Capalbo, LLC

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 a natural parent should lose their parental rights. The DCFY has additional responsibilities besides advocating for the termination of a parent’s rights. The DCYF takes a primary role in ensuring the safety of at-risk children while the process is ongoing, as well as finding a permanent placement for the adoption of the children after parental rights have been terminated.

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.

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Published on: April 16, 2022

Mother’s Request to Move from Rhode Island with Child Denied by State Courts

By Bilodeau Capalbo, LLC

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 part of an agreement. Stipulated custody agreements that are reduced to an enforceable court order may later be modified by a separate petition or motion, which may bring parties back into court after a custody case appears to be resolved. The Rhode Island Supreme Court recently affirmed a state family court ruling that denied a mother’s request to relocate to Florida with the parties’ child.

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.

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Published on: June 15, 2021

Understanding How Rhode Island Courts Determine What is in the Best Interest of a Child

By Bilodeau Capalbo, LLC

Custody-related agreements and changes can be a tricky legal landscape to navigate, especially when the parties disagree and children are involved. For example, if one parent wants to alter the terms of the couple’s custody agreement by moving to a new state with their child, the alteration of the couple’s agreement could be subject to determinations by a Rhode Island family court. When a family court evaluates such requests, they typically have to decide what is in the best interest of the child so that everyone involved has their needs met.

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.

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Published on: May 27, 2021

Rhode Island Supreme Court Affirms Father’s Custody and Visitation Rights

By Bilodeau Capalbo, LLC

Divorces and custody cases in Rhode Island can be some of the most contentious and protracted proceedings that are heard by state courts. The intense emotion and resentment between parties in family law disputes often lead cases down a dark road where the best interests of any children at issue seem distant from the actual arguments taking place in court. The Rhode Island Supreme Court recently ruled on an appeal of a custody order that gave a father joint custody of his child, while finding the mother in contempt for interfering with his visitation.

The plaintiff in the recently decided case is the father of a six-year-old boy who sought partial custody and visitation with the child from the defendant, the mother of the child. According to the facts discussed in the judicial opinion, the mother claimed throughout the proceedings that the father suffered from psychological issues and was not able to safely be with the child one-on-one. After a trial that lasted nearly two years, the family court ultimately awarded the parties joint custody of the child, with the mother as the primary caretaker, and the father having reasonable visitation. In spite of the court order, the mother continued to refuse the father meaningful parent time with the child alone, ultimately leading to the family court holding her in contempt.

The mother appealed both the family court’s judgment and the contempt order to the Rhode Island Supreme Court, arguing that the court’s judgment was erroneous. The Supreme Court upheld the lower courts rulings, noting and applying the factors that Rhode Island law considers when determining child custody: (1) the wishes of the child’s parents; (2) the reasonable preference of the child; (3) the interaction and relationship of the child to the parents; (4) the child’s adjustment to his or her home, school, and community; (5) the mental and physical health of the individuals involved; (6) the stability of the child’s home life; (7) the moral fitness of the parents; and (8) the willingness of each parent to facilitate a close relationship between the child and the other parent. Finding that the decision to give the father joint custody and reasonable parent time considered and properly applied the relevant factors, the high court affirmed the family court’s ruling.

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Published on: November 4, 2020

Rhode Island’s Standard for Awarding Child Custody and Permitting Relocation in Divorce Proceedings

By Bilodeau Capalbo, LLC

A Rhode Island divorce can be an extremely difficult and complicated legal dispute, often because the stakes of a child custody dispute are always very high. Although there is limited statutory direction to guide the courts when awarding custody of a child to one parent or the other, the courts have developed legal principles that are used consistently in deciding how to award custody. A case recently decided by the Rhode Island Supreme Court explains the primary factors courts should use in making a custody determination and deciding whether to permit a parent to move out of state with their children against the other parent’s wishes.

In the recently decided case, the parties were a married couple with children who sought a divorce in Rhode Island family court. The mother, who was awarded primary physical custody of the children, sought to relocate to Ohio to be near her family after the divorce. The father, who was awarded joint legal custody of the children, as well as visitation privileges, challenged the mother’s relocation because he wanted to be closer to the children. The family court denied the mother’s request, requiring her to remain in Rhode Island with the children. The mother appealed the ruling to the Rhode Island Supreme Court.

On appeal, the high court discussed the factors for awarding child custody used in Rhode Island. According to the opinion, the courts focus broadly on factors to make a decision concerning relocation that is in the best interests of the children. These factors include considering the nature and quality of the relationship between each parent and the children, the reasonable likelihood that the relocation would enhance the general quality of life, including economic and educational opportunities, for both the parent and the children. Additional factors to be considered include the feasibility of maintaining a relationship and suitable visitation between the non-relocating parent and the children and the existence of extended family and other support systems available to the child in both locations.

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Published on: February 5, 2020

Rhode Island Supreme Court Rules Against Father in Child Visitation Dispute

By Bilodeau Capalbo, LLC

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 request for argument in an appeal that he had filed challenging a family court judge’s ruling which suspended unsupervised visitation with his children.

The appellant in the recently decided case is a Rhode Island father of three children who was divorced from the mother of the children in early 2014. As part of the divorce agreement, the father was granted partial custody of the children with the right to visitation. In 2017, the mother of the children sought to suspend the father’s visitation, in part because of alleged animal abuse that occurred in the presence of the children. After hearing from witnesses, including both parents and the couple’s children, a family court judge granted the mother’s request to suspend unsupervised visitation. The judge also ruled that the father must complete a mental-health evaluation and seek leave from the court before resuming unsupervised visits with his children.

The father was displeased with the family court’s decision and appealed the ruling. The appeal eventually reached the Rhode Island Supreme Court. The father, representing himself throughout the process, argued that the lower court abused its discretion when it ruled that his behavior was harmful to the children. Additionally, the father alleged that incident involving the alleged animal abuse never occurred, and that it was the result of “false memories” that were created with the encouragement of the children’s mother and their maternal grandparents.

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Published on: March 21, 2019

Can a Rhode Island Court Order Grandparent Visitation?

By Bilodeau Capalbo, LLC

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 decisions are reasonable. Thus, the court dismissed the plaintiff’s petition for visitation.

The Facts of the Case

According to the court’s opinion, the plaintiff’s daughter was married to the defendant. The couple had two children. The couple eventually filed for divorce, but while the divorce was pending the plaintiff was shot and killed by law enforcement in a bank robbery.

Initially, the plaintiff maintained a good relationship with the defendant, taking his side over her daughters in the divorce. After the plaintiff’s daughter died, the plaintiff helped the defendant with child-care, because the plaintiff worked. However, the defendant noticed that after visits with the plaintiff, his children would come back with bags under their eyes, diarrhea, and symptoms of being sick. The children eventually started to exhibit behavioral problems at school, most notably after visits with the plaintiff.

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Published on: February 25, 2019

The Factors Rhode Island Courts Consider When Making Child-Custody Determinations

By Bilodeau Capalbo, LLC

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 the parents’ ability to make important life decisions for their children.

Each state has its own laws regulating how judges resolve child custody issues. In Rhode Island, courts use the “best interest” standard, which focuses primarily on what is in the best interest of the child. Of course, this may not necessarily be in line with the expressed interests of the child, especially if they are young. Interestingly, Rhode Island lawmakers never defined what factors courts should consider when deciding what is in the best interest of a child. Thus, in the 1990 case, Pettinato v. Pettinato, the Rhode Island Supreme Court listed several factors that should be considered. Since then, these factors have been termed the “Pettinato factors.” Therefore, when deciding what is in the best interest of a child, courts must consider each of the following:

The wishes of the child’s parents;
The preference of the child, if the child is “of sufficient intelligence, understanding, and experience to express a preference”;
The child’s relationship with her parents, siblings, or anyone else who may impact the best interest of the child;
The child’s adjustment to her home, school, and community;
The physical and mental health of the child as well as the parents;
The stability of the child’s home environment;
The moral fitness of each of the child’s parents; and
The willingness of each parent to foster a meaningful relationship with the other parent.

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Published on: November 20, 2018

Mother Refuses to Return Children Home After Rhode Island Vacation

By Bilodeau Capalbo, LLC

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 agreement in place. If you are concerned about a similar situation happening to you, you should contact an experienced Rhode Island child custody attorney as soon as possible.

The Circumstances of the Case

The couple was married in 2010, and had two children during the marriage. The father is Canadian and the mother is American, but she became a Canadian permanent resident after the marriage. Every year the family would take a trip to Rhode Island together. However, during the 2017 summer trip the mother found emails that suggested that the father was having an affair with someone else. Instead of returning to Canada, the mother flew to Texas with a child and then relocated to Michigan.

Throughout this period, the father and mother were in contact and the father helped to enroll the child in school in Michigan. The parties emailed about an interim agreement regarding the custody of the child and the couple’s unborn child that would have the children staying with their mother in Michigan. However, the father never signed the agreement. He later filed a petition for the return of the children.

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