Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> RI
 Even with today's news of indications of economic improvement, the rough economy is still hurting many. Among them are those struggling to pay their child support. A recent article in The Providence Journal focused upon men who are unable to make their child support payments due to lack of work.
The article describes how over the course of two days, "dozens of men were summoned courtrooms… to answer questions about why they are not making their child support payments."
Question: My ex wife is a a fast road to destruction. She gets in relationship after relationship. Her last boyfriend is now in jail and her current one is a drug dealer (which I know I wouldn't be able to prove). She has been kicked out of her parents house, defaulted on rent in another apartment and is now going back and forth betweeen her boyfriends house and her sisters house. Weeks will go by without her contacting her "son" and when she says she wil pick him up from school, I have to send someone else, either my sister or my ex in-laws to get him when she doesn't show. I currently have placement of my son due to drug use on me ex wifes part. I'm not happy with how I get my son back after he has been with her, on the few times she has him. He is usually filthy wearing someone elses clothes. Do I have any chance of getting full custody of my son in the state of RI Answer: I cannot answer your question specifically to the laws of RI as I am not licensed in that State. I am unclear about what custody arrangement that you would like me to evaluate. You indicate that you have custody the majority of the time due to her drug use, but your question asks about getting sole and full custody. Different jurisdictions use different terms and sometimes use the same term but the word means different things in different jurisdictions. Furthermore are you talking about physical custody or legal (decision making) custody? If you are talking about physical custody do you want her to have no physical contact with the children, supervised visitations with the children, unsupervised but no overnight visitation with the children or just less time than she currently has? Based upon the limited amount of information that I have it would be worthwhile exploring a case for unsupervised but non-overnight visitation. If you are talking about legal custody, the fact that you are unable to reach her for weeks at a time and may or may not know where to contact her it would be appropriate for you to file for sole legal custody.
Question: I've already read your book, Civil War, and am grateful to have the resource at my hands. I'd much rather head into a possible custody battle filled with knowledge then be caught unawares at every turn. My wife moved out over a year ago; she'd been cheating for 2 years with multiple guys and moved right in with her current boyfriend. She agreed to give me custody, but she's remained active in their lives. Up until a month or two ago, she'd come to my house in the mornings and get the kids to school, then get them off the bus several days a week (about 3 out of 5 days). She also takes them every Thursday night and every other saturday night. She works nights, and did during the marriage, so I have always and continue to be a very active parent. Further, I have Wednesday's off and get both kids to and from school; and my schedule would allow for me to get them to and from school every day, should I need to. Neither of us has filed for divorce; we have used an online site to prepare all the paperwork together, but I left it up to her to do the work because I hadn't wanted the divorce. I went on faith and trust that our agreement, as far as custody, would be honored by her (and believe me, I now know what a terrible mistake that might turn out to have been). Now, without telling me she was doing it, she hired a lawyer and is seeking custody. I've hired a lawyer and he thinks we have a very good chance to retain custody, but I continue to hear horror story after horror story about judges unilaterally deciding "the children should be with their mothers." I have tried to work with her and would like to continue to do so, but she continues to ambush me and NOT communicate. If this goes to court, could she get the kids? And if she did, could he order child support even though she lives with a guy who make at least as much as I do? Or if she got custody, could I insist they NOT live in the same house as her boyfriend? I know that's more than one question and I'm sorry; I'd be content with just hearing how good my case is. Thank you, Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Rhode Island. You sound like you have a good case for custody. In general her boyfriend's income is of no concern to the Court. If she were to get custody, his income would not impact the amount of child support ordered for you to pay. Yes you can request that she not cohabitate with her boyfriend or have any opposite sex member spend the night when she has the kids. Some courts are more likely than others to enforce what is sometimes called a "morals clause". Make sure you talk to your attorney about if your judge will do so.
|
