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.