Rhode Island Divorce Tips

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January 2011

The RI Divorce Lawyer and Coach on "A Mother's Right to Leave with the Child."

January 26, 2011

I have seen this issue for years as a Rhode Island Divorce Lawyer. Frankly, it has always perplexed me though I doubt this family law issue is restricted specifically to Rhode Island divorces or family breakdowns.

Imagine that Fred and Tina are a typical RI couple, married or not married, and they have a child together and both of them are listed as the natural parent of their child on his or her birth certificate.

As sometimes happens, Fred and Tina's relationship breaks down. They decide to go their separate ways. In most cases, Tina takes the child to live with her and promises Fred that he will be able to see their child whenever he wants to or as frequently as they can arrange it with their schedules.

Fred sometimes feels helpless as he sees Tina leave with their child but since Tina is their child's mother he doesn't believe he can do anything except make sure he knows where their child has gone and make sure he sees the child frequently to be part of their child's life.

Does this sound familiar to you or to someone you know? If so, I hope this brief article is helpful.

Imagine that you are Fred. Now imagine that your ex-girlfriend or your wife is Tina and she's contemplating moving out with the child. Are you worried? If you are a caring father perhaps you should.

What happens if your wife or ex-girlfriend decides to disappear completely with the child? Think this will never happen to you? Think she'll never do that to you? Or your child? Think again. It happens.

So let's look at the facts underlying this major family law problem that arises here. Fred is about ready to watch Tina leave with their child and he believes he is powerless to do anything?

Ultimately, I'm not a socialogist, yet its my opinion that societal opinions have convinced Fred (and many fathers) that he (they) have no legal right to do anything.

Fred thinks that Tina can leave with their child and he has no right to do anything so the child can stay with him.

In the State of Rhode Island, under our family laws Fred is wrong. Without an existing court order of some sort to the contrary, neither Tina nor Fred have a superior right to have possession/placement of their child than the other as long as both the mother and the father are named as the natural parent on the child's birth certificate.

Contrary to what most men seem to believe, in these circumstances, in the State of Rhode Island mothers do not have the right to simply leave with the minor child or children any more than a father does. Strangely it seems as though possession is 9/10ths of the law. If the mother has possession of a child and she is the natural mother as shown on the birth certificate(s) then the father has just as much right to remove the children from her possession and have the child or children with him and vice versa.

The caution here is that this predisposition that Fred has that he has no right to have the child, to take the child, or to keep the child seemingly has migrated to some law enforcement officers and even some courts. Thus, if a father does not return a child or keeps a child when he has a legal right to it is best if the father has a certified copy of the child's birth certificate with him listed as the natural father in order to protect himself.

Until an order issues from a family court with appropriate jurisdiction regarding the physical custody of the child/placement of the child the natural father should be able to retain that custody or placement. Without an Order to the contrary from a Court with appropriate jurisdiction over the physical placement of the child, a natural parent of a minor child cannot usually be charged with kidnapping his or her own child.

The end result is this. As a Rhode Island father of a child or children, protect yourself whether your are married or not. Get certified copies of all the children you are the natural children of and are listed as such on the birth certificate. That's what Fred should have done.

If you then see the child's mother wanting to leave with the child, you hold the child and you oppose her taking the child if you want the child to continue living with you and you can take care of the child. Then, immediately meet with a lawyer to determine if you have the basis for filing a petition for physical custody/placement of the minor child(ren) and the possibility of an emergency motion to get a Court Order that the child(ren) are placed temporarily with you under the court hears the matter.

The crux of this article is to let Fred and other natural fathers know that mothers do not have the automatic right to simply walk out with the child(ren) simply because they are the natural mother of the child.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Disclaimers: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

Disclaimer: This article does not constitute legal advice nor information that should be relied upon or acted upon by any reader and was not intend for same. No person should act on any legal information he or she reads anywhere but should only act upon legal advice provided by an attorney licensed to practice in the jurisdiction(s) which relate to your specific matter and only after that attorney has been fully and completely informed of all the facts and circumstances of your specific matter and the attorney has had the chance to question you about those facts and circumstances and any other matters which may affect the attorney's advice to you.

- - Recommended Websites - -

Posted in Children | Permalink | Comments (0)

Divorce Lawyers in RI - Need to Terminate Your RI Child Support? Child Support Coaching May be all You Need!

January 08, 2011

I'm a divorce lawyer in RI who focuses my law practice exclusively on family law. Believe it or not, some people just need a little coaching when it comes to how to properly go about terminating their child support in the Rhode Island family court.

- PATRICK'S CHILD SUPPORT TERMINATION -

Patrick's Rhode Island child support case is a good example. Patrick has been paying on a Rhode Island child support order for the past nine (9) years for his daughter, Constance. Constance is not disabled and she has no mental health illnesses justifying any extended child support.

Constance graduated from high school. She was going to turn 18 years of age in about three (3) months. Patrick already knows that his child support should end sometime around the time that Constance turns age 18.

- FREE CONSULTATION INFORMATION -

Patrick doesn't want to spend money on a lawyer so he calls a around and gets two (2) free consultations set up and then a RI Family Law coaching and Advice session with me for a full hour for only $135. By the end of the second consultation Patrick believes he has figured it out. He knows Constance needs to be 18 which he learned from his first free consultation. From the second free consultation Constance also needs to have graduated from high school before his child support can end.

- PATRICK'S EFFORT TO SAVE MONEY -

Patrick cancels his Rhode Island Family Law Coaching and Advice Session to save himself $135.00.

Patricks feels that the free consultations were enough because one lawyer gave a little bit of information and the other lawyer gave another little tidbit of information. Together Patrick feels he has his answer and he can avoid spending any money.

As soon as Constance graduates from high school, Patrick stops making his child support payments.

- THE CALL FROM THE MOTHER -

Patrick gets a call from his ex-girlfriend, Judy, who is Constance's mother. She asks Patrick if he is short on money and needs more time to pay his child support. Patrick tells her that since Constance is 18 now and has graduated from high school that his child support payments have ended.

Judy said she knew it was coming sometime but that she thought she would get some kind of notice. Patrick says that he spoke with a lawyer and he doesn't have to make any more payments.

Judy calls a lawyer about Rhode Island child support and explains what has happened. The lawyer advises that Patrick is wrong.

- RI FAMILY COURT -

Judy hires the lawyer to file papers against Patrick for Contempt, the Rhode Island Child Support, Interest, Costs for taking time out of work and her attorney's fees.

Patrick is served with the papers and is shocked. However, he continues to be adamant that since the two lawyers confirmed the two conditions had to be met, that he doesn't have anything to worry about.

- A HARD LESSON FROM THE JUDGE -

When they get to court eight weeks later, Patrick finds out that he made a costly mistake. Patrick is is given only ten days per the Court's Order to pay (1) the last ten weeks of child support plus interest in a lump sum which is $1,170; (2) Judy's lost time from work which is $127.00; (3) Judy's attorney's fees of $750.00; and (4) that he is to continue paying his weekly child support until his RI Child Support is properly terminated by a Rhode Island Family Court Judge.

- RI CHILD SUPPORT TERMINATION COACHING -

Patrick calls me back and after a detailed one (1) hour coaching session about the procedure for the proper termination of his child support, Patrick is ready to prepare the documents he needs to file to have his child support terminated. The one hour of legal coaching was just what Patrick needed to get the answers he needed. Sadly he realized only too late that the $135.00 for some solid coaching on his Rhode Island Child Support issue was exactly what he needed to avoid all this cost and aggravation.

- RI FAMILY LAW COACHING -

Rhode Island Divorce and Family Law Coaching is the wave of the future and it's here to stay. People need affordable experienced help when free help isn't available and Coaching provides the answer.

Do you need a little bit of help like Patrick? Do you need some direction?

Do you have proper legal information you need to make the important decisions you need to make? Most people don't!

In my humble opinion, a RI Divorce and Family Law Lawyer providing experienced Coaching is the answer.

Rhode Island Divorce and Family Law Coaching saves you money.

It saves you time.

It provides you with understanding and knowledge you wouldn't otherwise get elsewhere.

It provides you with the experienced legal help you need, when you need it, at a price you can afford.

Don't go into any matter legally blind.

Many times you can't afford to be without a lawyer because in the end it will cost you much more than a single coaching session because you've overlooked something or weren't told something crucial like Patrick's case.

Don't be a victim. It isn't necessary.

At a cost of only $135 for a one hour family law coaching session with an experienced divorce and family law lawyer, it's something you can't afford to be without.

If Patrick hadn't canceled his appointment, he would have paid $135. Instead, he paid over $2,000.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

- - Recommended Websites - -

Posted in Coaching | Permalink | Comments (0)

Rhode Island Divorce Lawyers - Doing Your RI Divorce Yourself!

January 05, 2011

Sure, you can do your own Rhode Island divorce all by yourself. You have the right to represent yourself. You know your assets, debts and children better than anyone else so why not, right? That's what Rhody D. Vorce thought.

Was his Rhode Island divorce successful? What is your opinion of his divorce after I give you my professional thoughts?

Rhody was married to Brenda for 27 years. They have two children over the age of 18, Charles and John and one daughter, Sarah who is just about to turn 18 and graduate high school. Rhody moved out of the marital home while Brenda, John and Sarah continued to live at the house. Their house was almost paid off. The house was assessed for tax purposes at $320,000 with only $6,820 to pay on it (about 9 months of payments) Both Rhody and Brenda have worked all of their lives. Rhody has a 401k Retirement Plan with his employer and about $684,000 accumulated. Brenda has a pension plan accumulated through her employer but its value is unknown.

Rhody feels badly because he is the one who wants the divorce. He simply doesn't have the same feelings for Brenda anymore and he wants to move to California. Brenda doesn't want the divorce and she is very upset. Rhody tells her he's going to make sure she is fine.

Brenda is worried about John and Sarah. John wasn't the greatest student. He didn't want to do anything after high school and he has no practical skills for work. He knows how to play XBox 360 games well and he delivers pizza during the summer and shovel's snow during the winter for spending money. He doesn't make enough money to support himself and Brenda believes that she and her husband owe it to John to help him out until he gets on his feet. Rhody feels differently about this because John is almost 23 and had the chance to go to college and trade school and didn't want to take advantage of either of them.

Sarah is doing well in high school and wants to go to Eastman College. She has already been accepted. Sarah excels in nature and portrait photography because of her unique eye and understanding of both film and digital cameras. Sarah has been working at a photography studio for two years and makes enough money part-time to continue her photography on mountain climbing excursions which she pays for herself. Sarah is particularly excited about college but has not received any scholarships yet.

Rhody gets a lot of pressure from Brenda to give her the house, leave her pension alone, and give her 20% of his 401k so she can maintain the house and fund Sarah's college and get John on the right track.

In return for just asking for 20% of Rhody's 401k in the divorce, Brenda tells Rhody she needs a little help so asks him to consent to $100 per week in alimony for four years so Brenda can accomplish all this until Sarah is done college. Rhody doesn't want to agree to the alimony.

Brenda tells Rhody that since he can deduct the alimony on his taxes and since she has to report the alimony as income that it comes out to much less than the 30% of Rhody's 401k that she will leave untouched. Rhody agrees.

Rhody settles the case himself as his guilt gets the better of him and he signs over the house to Brenda and draws up the papers exactly as he discussed with Brenda.

Rhody and Brenda plan on going to the Rhode Island Divorce hearing themselves and get it over with just by following sample questions they picked up for the proceeding.

At the friendly Rhode Island divorce hearing (called a "Nominal Hearing") Rhody testifies that he has agreed that Brenda will receive the alimony for four (4) years at $100 per week and that it is in their agreement. Brenda agrees that Rhody testified correctly and that Rhody has already signed over the house to her and she will refinance immediately to get Rhody off the mortgage. They ask the court that no child support be set for Sarah because she is almost 18 years old.

The temporary order known as the Decision Pending Entry of Final Judgment is prepared by Rhody and approved by the court. Just after Sarah graduates from high school the Rhode Island Family Court Judge signs Final Judgment of Divorce and Rhody breathes a sigh of relief.

Thirteen (13) months later Rhody finds out that Brenda has been in a very serious accident. She is right handed and will never be able to work again because she has lost the use of her right arm and hand.

Rhody is upset for Brenda but he is even more upset when two months after the accident, he is served with Rhode Island family papers. Brenda is seeking that the alimony she is paid be increased to $700 per week and be extended for at least 6 years.

Rhody is in shock. He tries to call Brenda about their divorce agreement but she won't take his calls. Rhody shows up at the hearing. The Rhode Island family court judge calls the case and Brenda is sitting their slumped to one side as her lawyer explains that she will be make a case for additional extended alimony.

Rhody interrupts Brenda's family court lawyer and explains to the judge that she can't do this because their divorce agreement prohibits it. The judge is patient and allows Rhody to hand her the agreement. After looking at the agreement for a few minutes the Judge offers to give Rhody time to engage a lawyer about the agreement and to give him a reasonable defense. Brenda's lawyer objects but the Judge states that she will be giving Rhody an opportunity to get a lawyer under these circumstances.

Rhody is concerned that something is wrong with the agreement he drew up for his divorce so he tells the judge that he would like time to get a divorce and family law lawyer. The matter is continued for three weeks.

Rhody meets with several lawyers only to discover that he made several grave mistakes in the agreement and during the hearing and now it is very clear that he needs a lawyer.

The parties end up settling the alimony action with a compromise in which Rhody agrees to give Brenda another 10% of his current 401k amount but his lawyer works it out so that it is to be considered alimony so Rhody can deduct it on his taxes and Brenda will have to report it as income. Rhody is not happy and Brenda is especially unhappy because Rhody has taken loans on his 401k to start his own business and the amount is not nearly the amount she had wanted.

What were the grave mistakes? One of them is apparent from this scenario? Do you know where you would find the other two mistakes?

If you are considering doing your Rhode Island Divorce Yourself, without receiving legal advice from a lawyer who knows your situation, you take risks! Sometimes those risks are huge and you don't even see them.

All it takes is one or two wrong or missing words that many attorneys are well aware of when it comes to alimony.

If you have a short term marriage where both parties are working and there are no children, no assets and no debts between the husband and wife, then you have a good chance of a successful divorce proceeding if you get some proper legal advice or coaching from a licensed divorce and family law professional in Rhode Island.

If your marriage goes beyond that, and you have a children, a home, a spouse who has not worked or is injured, retirement plans, a long-term marriage, addictions or any other number of factors that affect your life significantly, then you need to know the problems and pitfalls you may be faced with.

Don't be caught unaware. Without proper legal advice from a fully informed and licensed and experienced Rhode Island divorce and family law professional, your hearing may seem to go perfectly fine, your agreement may have been accepted by your spouse and the court, and the documents you draft for Orders and Judgments may be accepted by the court, but they may all be a time bomb waiting to blow up in your face.

Get some professional coaching and legal advice from a Rhode Island Divorce and Family Law Lawyer or Attorney. Don't be like Rhody and just cross your fingers and think you saved some money by not hiring a lawyer. Too many people think, "It will never happen to me." Until it happens to them and it's just too late.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2007 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Posted in Post-Judgment Issues | Permalink | Comments (0)