Factors to Consider in a RI Child Custody Dispute

Rhode Island Child Custody

It is a sad fact that every day in Rhode Island, countless children are forced to deal with difficult custody battles between parents who are unable to come to a mutual agreement regarding things like child care, health issues, financial support, and physical placement.

The primary factor that determines who gets custody of a child, is based simply on the child's best interest. The Uniform Child Custody Jurisdiction and Enforcement Act, CHAPTER 15-14.1 of Rhode Island General Laws determines what the guidelines are when granting child custody between parents.

In most cases that don't involve abuse or neglect, the state of Rhode Island specifies that non-custodial parents should be granted reasonable visitation rights. These rights often include mutually agreed upon times, dates, occasional stipulations depending upon the situation, and the wishes and best interests of the child. In many cases there is the need for court intervention due to the inability or unwillingness of parents to communicate amicably and in a civilized manner. Mediation is available for parents who cannot reach agreements on their own, or who require the assistance of a trained professional to help guide them through the process of resolution. Such situations call for the assistance of a qualified attorney or mediator who will help one or both parents in reaching a legally binding agreement.

Some of the most prevalent factors that help determine which parent is most suitable for the welfare of the child include the age of the parent seeking custody, the location of the home where the child will live, the proximity between the child and his or her non-custodial parent, and any medical or legal considerations such as disabilities.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Custody Dispute Issue of Parental Alienation

Family Law Issues

There isn't a lot of concern outwardly expressed about the behavior of parental alienation, yet it is a very real and accurate description of a pervasive form of child abuse typically displayed by parents going through a divorce or custody battle.

According to Dr. Douglas Darnall, Ph.D. and author of Divorce Casualties: Protecting your Children from Parental Alienation,” the definition of this syndrome as something that occurs almost exclusively during the process of child custody disputes. The syndrome gets its name from the fact that the child who is the subject of the custody matter, is often brainwashed into behaving and speaking out in a disagreeable fashion toward the other parent, without provocation or justification.

In situations where there is obvious justification, neglect or abuse by the parent in question, then parental alienation does not exist and the situation would warrant an abuse investigation instead. However, in many child custody matters, one parent will launch a confusing and controlling campaign aimed at turning the child against the other parent so as to solidify them gaining exclusive or sole custody of the child.

The motive of the instigating parent has both conscious and unconscious roots, and the child may even have motives that are linked to the same instant gratification desires inherent in all children who are left without competent parental guidance. The process has disastrous effects on the child, and can often rope the uninvolved parent into the arena as well in an attempt to counter-act the damage being done by the instigating party.

It is important to remember that parental alienation is a form of child abuse and brainwashing, and without justification of actual child abuse from one party to another that would substantiate the alienation of a child from their biological parent, must be dealt with as soon as the behavior is suspected in the other parent or the minor child. If you suspect someone of parental alienation, make it your priority to discuss the situation with your divorce and custody attorney immediately.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Support Reform

Family Law - Child Support Issues

Several states within the United States are in the midst of child support reform debates. The main ideals and criteria on the table have more to do with fairness between the adults, and far less to do with what may be considered 'fair' to the child.

If child support reforms are to have any lasting value, they must always encompass the needs of the child first. In this country where having children is typically not seen as a financial decision, the attitudes of the adults involved, it would seem, is what really needs to undergo radical reform.

On the table for debate are typical waiting periods for increases and decreases in support to take effect; which are governed by statutory laws and slow to change. Arguments for custodial parents who are not given increases when a non-custodial parent earns more money, are as abundant as the counter-point of non-custodial parents who are not given a decrease in support payments during periods of financial hardship or job loss.

At further issue, are concerns resulting from the involvement of the non-custodial parent with step-children, or further biological children, and mandating decreases based upon their extra obligation to the new family member(s). A major caveat in adopting this standpoint, is that the door then opens for further legislation where adults who are already living beyond their financial means or capabilities, are granted leniency for responsibilities owed to past biological offspring.

This outlook would effectively reward those parents who are merely joining with another parent to help offset the cost of raising their children together, whether or not any intimate relationship bond existed. And even in the event of intimate bonds, there needs to be some sort of inner compass at work that determines whether you are able to actually afford more children without neglecting those you already have. This kind of reform would send a rather clear message to biological children of divorce that their needs are not as important as the needs of either the adult, the step-children, or any new biological children. This does not seem to be in the best interest of the child at all.

Divorce, child custody, and child support in this country do need to be re-evaluated, but not from the perspective of the adults involved. Teaching adults to live within their means, learn self-respect and loving behavior and habits, and how to determine whether another child is something they can feasibly afford, needs to be the main focus in child support reform. When taken in combination with the actual monetary needs of the child, ie. how much food costs per week, what portion of the living expenses can be allocated for the child, school, healthcare and activities, etc., this type of reform would benefit everyone involved.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Judge Issues Gag Order in RI Custody Case

RI Criminal Lawyer MacDonald found this article regarding the issuance of a family court order preventing the parties from discussing the details of a RI custody case. These orders are sometimes issued where the confidentiality of a minor child is at risk. Violation of this order would place the parties in Contempt of Court.

Judge bars RI mother from talking about custody case

By LYNN ARDITI
Journal staff writer

PROVIDENCE, R.I. -- A Family Court judge has forbidden a woman from talking about her custody case with anyone, including the media, or posting anything about the matter on any blogs or other sites on the Internet.

The woman, Faith Torres, has contacted the American Civil Liberties Union about the gag order, but declined comment for fear of violating it.

"This court order is a blatant violation of the First Amendment,'' Steven Brown, executive director of the ACLU's Rhode Island affiliate, said. "If she believes she is being treated unfairly, or if she just wishes to make people aware of her case, she should be able to do so free of a court-ordered gag rule.''

The Judge's order is so broadly worded, Brown said, that "Ms. Torres faces contempt of court charges if she discusses the case with her mother..."

By law, someone who violates a court order and is charged with contempt of court can face imprisonment.

Family Court Judge Debra DiSegna issued the gag order -- which applies not only to Torres but also her lawyers -- on July 29 at the request of the Rhode Island Department of Children, Youth and Families.

Judge DiSegna was on vacation this week and could not be reached for comment. Neither Acting Family Court Chief Judge Haiganush R. Bedrosian nor Associate Judge Karen Lynch Bernard, who was filling in for DiSegna and signed the Torres order on Friday, responded to requests for comment.

Joanne H. Lehrer, the DCYF director's chief of staff, said Friday that she could not discuss specifics of the case. However, Lehrer said, it's not unusual for the agency's lawyers, particularly in custody cases involving domestic disputes, to draft such "broad brush" orders and ask the judges to enforce them to "protect the confidentiality of the child."

The gag order issued by Judge DiSegna in the Torres case is contained in paragraph 4 of a one and a-half page ruling that details the conditions under which Torres is allowed supervised visitation with her oldest child. It states:

"All parties to this action, including the Plaintiff and Defendant, and all counsel are restrained and enjoined from discussing any of the within court proceedings and related matters involving the children with any third party, including but not limited to members of the media, postings on blog, and/or the internet."

Torres said at the time that her lawyer objected to the order but the judge overruled her.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.