Monday, February 28, 2011

RI Custody Cases

Why Self-Representation is not a Good Idea

There are all kinds of parents, and not all parents of minor children are married. When there are custody issues between non-married parents, the situation becomes even murkier than when there is a divorce involved. In a divorce situation, the subject of paternity is rarely a consideration, as the minor children are 'of the marriage' and unless one or both parties suggests paternity testing, or one parent is not listed on the birth certificate, the children are considered to be of the parties to the divorce.

In situations where the relationship has not been legalized through marriage however, paternity could become an issue; even if you have been with the child from birth, even if you are living with the child, and even if you are currently contributing to the financial stability of the child.

Because there are so many varied familial situations that can occur both outside and within the confines of a marital relationship, unless you are clearly listed as a parent on the birth certificate, you may find yourself in the middle of a paternity suit; having to provide blood to prove you are the father of the child.

The main consideration when deciding to represent yourself in a custody battle, aside from the time involved in appearing for court hearings, is that there are considerable amounts of paperwork that need to be filed with the Family Court in a timely manner. If you fail to file certain documents and requests within a specified time frame, you may forfeit your right to view valuable material, or gain important information that could have a serious bearing on your case.

If you are a non-married parent of a minor child and are concerned about paternity or are entering into a custody dispute with the mother or father of the child, contact an experienced family law attorney in RI for legal assistance to preserve your parental rights.
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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.

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