Child Custody In Rhode Island

 Going through a divorce is stressful enough, but add children to the situation and things can become very messy. If two parents can not reach an agreement about child custody, it is typical practice to determine the best situation for the child. When an agreement is reached and not complied with, the noncustodial parent may file a motion of contempt.
  Rhode Island determines the amount of child support based on an Income Shares Model, which takes into consideration the quality of life the child would have had had the marriage not dissolved. If this requires both parents to pay a certain amount, then that is what the court orders. The court takes into account the health of the child and educational needs when determining the amount of financial support.
 Here are the different types of custody:

1. Legal custody: When one parent or guardian has control over any decision regarding the child. Most states will grant joint legal custody so that both parents can reach major decisions together.
2. Sole custody: This is when one parent is found unfit, which is pretty rare in custody cases. This can also occur when one parent is deceased.
3. Joint custody: When both parents share custody and share equal decision making involving the child's life. This is the most ideal scenario for most cases.
4. Physical custody: When one parent has the child living with them, and the other parent only gets visitation. 

Custody is never an easy battle; and it is important that the child's best interests are taken into consideration when working out a plan. Hiring an experienced family law lawyer makes all the difference, so do your research before starting the process.  

What Is A Deferred Sentence?

 Have you ever heard of someone getting a deferred sentence? Often times a guilty plea will be entered as a plea bargain, with the outcome of a deferred sentence being the goal. Usually what this means is that a person will have a probation period, and during this probation period they have the sentence hanging over their head. If they break the probation, they automatically are made to serve the deferred sentence.
  Deferred sentences are often given to first time offenders, or people who have cooperated with an investigation. Usually if someone has stayed out of trouble during the probationary period they will have the charge dropped from their record. In Rhode Island, anyone that received a deferred sentence prior to July 1, 2010 may no longer be entitled to the immediate sealing of their criminal history. This is the result of some recent Supreme and Superior Court decisions. Defendants who have successfully completed their deferred sentences must still wait another 10 years to clear their criminal history, depending on the case.
  Several conditions can impact the outcome of your deferred sentence. The court may require you to complete a certain amount of therapy or community service, depending on your particular case. Hiring an experienced defense lawyer can also make a big difference in the conditions set for your deferred sentence, because they will have your best interest at heart when arguing the terms of probation. If you do not follow the conditions of your deferred sentence you will most likely have a violation hearing and will be held to the maximum statutory sentence.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.