Thursday, September 30, 2010

Father's Rights in Family Court

Does the RI Family Court take away a father's constitutional rights?

It is well noted that the family court system is not structured to cater to the wishes of the parents, but to the welfare of the child. Does this structure jeopardize the basic and fundamental rights of parents, in particular father's rights, when it comes to decisions relating to their children?

The right to a trial by jury is one of the only ways to ensure fairness in legal proceedings. Yet, family court does not employ the use of juries at hearings.

In addition to the violation of this Constitutional right, other fundamental constitutional rights with regard to our children are also at stake, such as:

the right to parent your child
the right to decide your career and control your income
the right to protect and maintain your passport for travel, and any driver's licenses or professional licenses

A Family Court decision is rendered solely by the Judge. Because of this, if you are ordered to be the non-custodial parent, you will lose your right to have any input into the direction of their lives, will not be able to live with them or support them directly, and will be forced to pay child support or be sent to jail without a trial for defaulting.

You need not do anything wrong to be assigned as the non-custodial parent. The tradition that mothers make the better custodial parent is rooted in the times when men worked long hours outside the home and women stayed home. Because our lifestyles have now changed and most women work outside the home as well, it no longer applies that the mother would solely be the best fit for the child.

While the 'best interest of the child' is certainly a concern for every parent, it is a fit parent, not the state, that according to Supreme Court case law is the best choice for the welfare of the child.

If you are facing a divorce where there is a custody issue at stake, and you would like more choices regarding your children, see a RI family court attorney immediately.




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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Thursday, September 23, 2010

Terminating Child Support and Wage Garnishment in RI

RI Law does not provide for the automatic termination of child support. Rather, a Motion to Terminate Child Support must be heard and granted by a Judge of the Family Court before the original and standing support order will be modified or dropped.

Unlike when filing for a divorce however, the parties are not required to provide the family court with a DR6 unless there is more than one child and support must continue for the remaining children.

Consequently, if there is more than one child involved, the motion will not be for the termination of child support, it will be for the modification of child support. To file a Motion to Modify Child Support, the parties do need to present current income and expense information in the form of a DR6.

When a supported child reaches the maximum age of 19 or graduates from high school, whichever arrives first, child support may be terminated. Under special circumstances involving disable children, support may continue beyond the age of 19 up to the age of 21, or if good cause is found, to as much as 3 months after high school.

A motion to terminate child support needs to be filed with the court in advance of the child's graduation date, or the child's 18th birthday.

Depending upon how busy the court is, the motion may not be heard for 30-40 days. Following the hearing, it is imperative that your attorney file the necessary documents and paperwork to effectively terminate the support order. Until this process is completely, you only have in essence a court order, and support will continue to be deducted until a wage garnishing authority is told otherwise.

If you or someone you know would like to terminate child support payments for a child who is 18 or older, or would like to modify child support payments in RI, contact my office for a convenient appointment at (401) 942-3100 or by email at rpa@alveslaw.com

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Wednesday, September 1, 2010

RI Family Court Chief Justice Interviews Begin

RI Divorce Lawyer Rui P. Alves found this article informative concerning the appointment of a new RI Family Court chief justice.

Interviews to begin for RI Family Court chief justice
By Elisabeth Harrison (2010-08-10)
PROVIDENCE, R.I. (WRNI) - Interviews begin today for a new chief justice to lead the Rhode Island Family Court. Several groups have recently criticized the court and its outgoing chief justice Jeremiah Jeremiah.

Jeremiah is the target of an ACLU lawsuit that alleges the court's truancy program violates due process rights for children and families. A report released earlier this year by the Coalition Against Domestic Violence also criticized the court.

Anne Grant, an author and advocate for domestic abuse victims, says many alleged abusers get joint custody because it is expensive and time consuming to pursue a case against them.

"And its not just he said she said, because some of the cases I wrote about, there were hospital records and police records to show that the children were being exposed and the mother was being beaten," Grant said. "And yet, the children ended up going to the father."

Some advocates have praised Jeremiah for embracing some recommendations, such as a training session on domestic abuse for family court workers.

The judicial nominating commission will interview 6 candidates to replace Jeremiah and submit a recommendation to the governor.


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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.