Articles Posted in Child Custody

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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 respondent began dating in the fall of 1984. Petitioner gave birth to their first child in 1986. She testified that she told respondent immediately after giving birth that the child was the child of another man. Respondent contradicted this testimony.

The parties married in December 1986. Respondent testified that he married respondent because he thought it was the right thing to do. The parties remained at his parents’ home until respondent moved out in 1987. After leaving respondent, petitioner gave birth to to their second child.

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In March 2012, the Department of Children, Youth, and Families (DCYF) was apprised of an alleged incident of domestic violence that occurred in Massachusetts between a minor and his father. This ultimately led to the termination of his parental rights under Rhode Island family law.

Originally, DCYF was informed that the father attempted to quell his 10-month-old child’s crying by pinching, slapping, and throwing the child against a wall, which the mother claimed rendered the child unconscious. This past winter, the Rhode Island Supreme Court held that the Family Court had correctly terminated the father’s parental rights.

On March 7, 2012, a petition for dependency and abuse was filed ex parte against the parents in Rhode Island, where they both reside, and the father was charged in Massachusetts with felony crimes arising from the alleged assault. A no-contact order was issued on March 14, 2012 and entered on April 26, 2012, which prohibited the father from having any contact with the minor. On September 27, 2013, the father was convicted of reckless endangerment of a child and assault and battery with a dangerous weapon in Massachusetts by a jury.

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Experienced Divorce Attorneys in Rhode Island

When you and your spouse decide to divorce, prepare to be heavily scrutinized by your spouse, your children, and a judge. If you are battling for custody of your children, prepare for your words, recreational choices, spending habits, social media, and even interactions with family to be analyzed in court. While it may be uniquely challenging to keep your cool and avoid all appearances of reprehensibility during a divorce, your future as a father depends on it.

At Bolideau Capalbo, LLC, we are committed to helping you retain your rights as a father. While we roll up our sleeves and get to work helping you fairly determine custody of your children, avoid these classic mistakes that dads tend to make during divorce:

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Summer break means school is out for children, and that means a perfect opportunity to escape for a vacation, head away for a weekend, or even to celebrate one of the numerous holidays that come up on our calendar each June, July, and August. However, it also means that you may need to adjust your schedule to accommodate even on days that don’t fall in one of these categories. If you and the other parent of your children are divorced, this means you will likely need to make temporary adjustments to your visitation schedules in order to accommodate both summer plans and the added responsibility of looking after the kids while they’re not in school.

Here are some tips for creating a summer visitation schedule that is fair to both parents and keeps summer enjoyable for the kids.

Start Early

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