As the winter holiday season approaches, planning a holiday visitation schedule can reduce familial conflicts and ensure your child has the opportunity to create valuable memories with each parent. Here are some of the most common ways parents choose to share their holiday time:

Alternating important holidays

In cases where both you and the other parent want to celebrate a major holiday with your children, you might decide to alternate custody every other year. You might choose to alternate all significant holidays or just a few specific ones that are important to both you and your ex.

Celebrating on separate days

Sometimes, co-parents will choose to share holiday time by celebrating the same holiday on separate days. This custody method tends to work well with holidays like Christmas Eve and Christmas Day, New Year’s Eve and New Year’s Day, and Thanksgiving Day and the Friday after. It can be an ideal arrangement for parents who prefer to spend the full day with the kids.

Splitting up the day of the holiday

If transportation isn’t an issue, sometimes it makes sense to split the holiday’s actual day with your co-parent. In most cases, your child will spend the first half of the day with one parent and the second half with the other. This arrangement can be a useful compromise when both parents must celebrate on the actual holiday.

Assigning fixed holidays

Sometimes, co-parents will have different holidays that they value or believe are important. For example, if your family has a big Fourth of July celebration each year, but your co-parent rarely has plans to celebrate, you may decide that your child will celebrate with you on that holiday every year.

Parents don’t have to choose just one way to divide their holiday time. You and your ex can combine any of these visitation arrangements to find a solution that works for you and your family’s needs. With the right visitation schedule, you can take the stress out of sharing the holidays.

Rhode Island’s custody laws

Rhode Island is one of the few states where courts do not presume joint custody. If you and your spouse want to share custody of your children, you will have to decree this decision in your divorce agreement. If you two cannot reach an agreement, the court will put credence in your children’s best interests.

To determine your children’s best interests, the court will consider their relationship with both you and your spouse. And it will evaluate each of your fitness as parents. If your spouse has a history of neglect, abuse or adverse actions, you may receive sole custody. If awarded it, you will make all major decisions about your children’s upbringing and welfare. Receiving sole custody can also mean that your children will not live with your spouse. In this case, your spouse can still receive reasonable visitation rights. But if they have physically or sexually abused your children, they may lose these rights altogether.

Protecting your children

During your divorce, it’s crucial to reach a custody agreement that allows your children to grow and thrive. If your spouse cannot provide them a safe and loving home, you may decide to fight for sole custody. An attorney with family law experience can help you work toward an arrangement that protects your kids.

The following are common mistakes dad make during divorce and we believe you should avoid them:

• Not spending enough time with your children because you don’t want to deal with their mother is a serious mistake, one you will eventually regret.
• Not paying your child support in a timely manner can be disastrous for the future. It will make you look as though you were not interested in being a part of your child’s life.
• If you don’t have to leave the family home, it is better you’ve don’t. Doing so will separate you from your children more than necessary.
• Using your children as leverage is something you want to avoid. Not only will your children realize what is happening, this may be used against you in future divorce proceedings.

Contact Our Rhode Island Divorce Lawyers Today

If you and your spouse feel as though your marriage has truly come to an end, there is no time to waste in enlisting the help of a Rhode Island divorce attorney you can trust, such as ours at TJC • ESQ. Our legal team has a proven track record of success because our true priority is you and your satisfaction. No matter how challenging your situation, we believe we have the tools resources and skill necessary to advocate on your behalf.

Our firm offers the following tips when divorcing when there are children involved:

• Don’t use them as bargaining chips when you are unhappy with your ex.
• Don’t complain to them about any issues regarding your marriage.
• Don’t take out any frustrations you have on your children, who are innocent in this matter.
• Remind them constantly of how much you love them and you will always be there for them.
• Make sure they know they are not cause of your divorce.
• Trying to keep things as consistent as possible, especially when it comes to holidays, weekends, school events, and more.
• Keep communication open as often as possible.
• Offer them support.
• Encourage them to speak up when they’re feeling unhappy, so they don’t bottle up their feelings inside.

Contact Our Rhode Island Divorce Lawyers Today

At TJC • ESQ, we are proud to offer dedicated personalized guidance for any and all family law matters. Divorce is one of the most draining things you will ever experience, which is why it is vital you don’t face this arduous and challenging time alone. Our Rhode Island divorce attorneys are tireless in our pursuit of justice on your behalf.

Unfortunately, however, certain situations may arise in which we feel our children are put into immediate danger. If this occurs, it is our duty and responsibility as parents to do everything in our power to protect our children from any immediate harm. This is why states allow emergency custody orders to be petitioned, in which you may obtain custody of your child without any notice to the other party. In this process, you must be able to prove, with concrete evidence, that you believe your child is in serious danger when he was she is in the care of your ex. Examples of immediate and clear harm include drug and alcohol use, physical, emotional, or sexual abuse, and more. If the judge grants use emergency custody, you will later have to attend a hearing, in which the opposing side will present his or her case.

Contact Our Rhode Island Divorce Lawyers Today

At TJC • ESQ, we are led by dedicated, skilled, and experienced Rhode Island divorce lawyer who has one goal in mind: offering you top-rated and timely legal advice. You can rest assured our legal team has seen it all-which is why we refuse to back down from any challenges or adversities in our way.

It is the goal of Rhode Island to look after a child’s best interests during a divorce, and demonstrating that grandparent visitation rights are an important part of the child’s life can persuade the court to award visitation. Grandparents can provide necessary childcare and emotional support during a painful time in a child’s life, but they can often be cut off by one or both spouses.

Grandparents do have rights in Rhode Island. They can petition for visitation rights if their grandchild’s parents are undergoing a divorce, to ensure that they still have access to the child. Their petition may be denied if it is determined not to be in the child’s best interests, however, but it is frequently considered in custody and divorce proceedings. Grandparent visitation can be granted if it can be proven that:

• Grandparent visitation is in the child’s best interests
• The grandparent is fit to exercise visitation rights
• The grandparent repeatedly tried to visit the child in the 30 days preceding the filing for visitation, and was denied contact by the parents
• Visitation cannot be obtained without court intervention
• The grandparent can demonstrate that the parent’s refusal of contact is unreasonable.

In Rhode Island, it is possible for a grandparent to seek visitation rights with their grandchild if their child (the grandchild’s parent) is denied visitation rights. This can protect the child from being completely cut off from one side of the family due to their parent’s mistakes. The child’s emotional and physical needs will always be forefront in the decision to award custody or visitation rights, and a grandparent seeking visitation rights will need to prove that their involvement benefits the child.

If a grandparent’s petition is judged to be against the best interest of the child, it can be denied. This protects the child from grandparents who want access to the child because of animosity with one or both of the child’s parents. If grandparent visitation causes undue stress for the child, the grandparents’ rights may be passed over in favor of the parents’ rights.

The grandparent’s rights to the child are premised on that of the parent’s rights. If the parent gives up their right to visitation or custody, the grandparent’s rights are cut off as well. Their rights are also secondary to those of the parents. This can be abused by parents who can prevent or severely limit a grandparent’s visitation with the child, requiring court intervention. An involved grandparent likely has good standing to obtain visitation rights from the court, if the child’s parents are preventing them from seeing their grandchildren.

Being barred from seeing your grandchildren can be heart-wrenching, but you have recourse you can take to protect your visitation rights. Your grandchild shouldn’t have to lose their grandparents simply because of their parents’ divorce. You shouldn’t lose your grandchild because of their parents’ breakup, either. An experienced family law attorney will know how you can best fight for your rights as a grandparent.

At TJC • ESQ, we understand the precious bond between a child and their grandparents. We will fight aggressively to preserve and protect your rights so you can stay involved in your grandchildren’s lives. OurRhode Island family law attorney is not deterred by messy divorces or complex cases, and with over 30 years of experience in family law, our firm can help you defend your rights as a grandparent. Contact TJC • ESQ today to learn how we can assist you.

A common perception regarding child custody cases is that a mother almost automatically receives custody of the children. Of course, while this is certainly a bit of an exaggeration, it is not too far off from the truth. Mothers often have an advantage in child custody cases, despite the fact that bias should never have any place in a court of law.

Why Do Mothers Have an Upper Hand?

Technically, the court is gender neutral, but fathers continue to face an uphill battle in child custody cases. Family law courts tend to award physical and legal custody to the parent who has taken more responsibility for a child’s upbringing. Despite the changing times, women still have more childrearing duties than fathers, which shifts favor toward them. If a mother is seen as a more prominent figure in a child’s life, a court will be reluctant to sever that bond by awarding custody to the father.

What Can You Do to Get Custody?

Fathers can tip the scales in their favor. While family law courts might naturally lean toward the mother, they must consider a child’s best interests. Here are some tips to help your case:

• Remove your emotions from the situation: This is much easier said than done, but it is important to remain level-headed. Badmouthing your ex is not going to do you any favors in court and will not help your child. With a cool head, you can accomplish a lot more.
• Be the best parent you can be: If you want the judge to know that you are the parent who best serves your child’s interest, you have to show it rather than say it. Be involved in your child’s activities, make sure he or she always has a room in your home, and always has your support.
• Talk to a lawyer: If you want to strengthen your chances in your pursuit for child custody, an experienced attorney will be able to help you understand the process and ensure that you do not make any mistakes that might harm your case.

Rhode Island Child Custody Lawyers

Separating from your spouse can be a difficult experience, but nothing compares to having to fight for time to be with your children. At TJC • ESQ, we understand how important your children are to you. If you are concerned about losing custody of them in a divorce, you will need to consult with an experienced Rhode Island divorce attorney as soon as possible.

Our Rhode Island family lawyers are dedicated to working closely with you to formulate a plan that best serves the needs of your family.

Contact us today at 401-400-4254 for a consultation.

1. You cannot interfere with visitation time assigned to the other parent’s schedule.
2. You cannot leave the state without first notifying your ex-spouse and confirming they understand your intention.

Traveling out-of-state with your child after divorce is going to be a delicate situation, no matter if you plan to permanently move or temporarily travel, such as for a vacation. You must approach it deliberately so you do not violate any rules set by your divorce agreement and land yourself in legal trouble. To move forward with confidence, you should retain the services of TJC • ESQ. Our Rhode Island family lawyers have more than 30 years of combined legal experience and a strong reputation for being both knowledgeable and compassionate.

Contact us as soon as you need legal help – we make ourselves available 24/7 for our clients.

Study Your Divorce Agreement Closely

There are no two divorces that are completely identical, and so there will be no two child custody orders and visitation schedules that are exactly the same. If you want to move out-of-state with your child after a divorce, you are going to need to understand your own divorce agreement in detail. More likely than not, you can’t do it – not permanently, anyway.

The average divorce agreement will mention that moving out-of-state or anywhere that is more than 100 road miles away from your ex-spouse will require their approval, or that of the court. Depending on the how your divorce ended, you might be able to just talk with your ex-spouse about why it is so important, get their acceptance, and start packing. Otherwise, if they resist, you need permission straight from a judge following a legal hearing. Keep in mind that a judge won’t allow you to make a post-divorce modification to custody or visitation unless you can prove it will benefit your child greatly enough to justify the big change.

Getting Approval for Temporary Travel

Leaving the state only temporarily with your child may be a different matter. Once again, review your divorce agreement to see if there is any wording about temporary travel. If there isn’t any mention of it, there are three provisions that are probably in place, despite being unspoken:

1. You cannot take your child out-of-state for any length of time if your divorce, child custody, or visitation order is still pending.
2. You cannot interfere with visitation time assigned to the other parent’s schedule.
3. You cannot leave the state without first notifying your ex-spouse and confirming they understand your intention.

Traveling out-of-state with your child after divorce is going to be a delicate situation, no matter if you plan to permanently move or temporarily travel, such as for a vacation. You must approach it deliberately so you do not violate any rules set by your divorce agreement and land yourself in legal trouble. To move forward with confidence, you should retain the services of TJC • ESQ. Our Rhode Island family lawyers have more than 30 years of combined legal experience and a strong reputation for being both knowledgeable and compassionate.

Contact us as soon as you need legal help – we make ourselves available 24/7 for our clients.

In the state of Rhode Island, non-custodial parents who fail to make payments as established in a court-ordered support arrangement can be subject to strict measures under both state and federal law. According to the Rhode Island Child Support Enforcement website, non-compliant parents can face the following consequences:

• A suspended driver’s license, as well as suspended business or professional licenses
• A suspension of vehicle registrations on all cars, motorcycles, trucks, etc.
• Forfeiture of any insurance proceeds, tax refunds, and lottery winnings
• Automatic deduction of support payments from paychecks (wage garnishment)
• Denial of a passport application
• Lowered credit score due to reported owed payments
• Lien placement on real estate and personal property
• State criminal prosecution
• A charge of contempt of court, possibly carrying jail time

Enforcing a Child Support Order in Rhode Island

It is important to note that only court ordered child support arrangements can be enforced. If you and your child’s other parent only have a verbal agreement, you will not be able have the courts step in and enforce the arrangement. If you do not have a support order, you will need to file an action for child support in your county superior court, which will then prompt the court to issue an order in an amount that is in the child’s best interests.

If you are able to provide sufficient evidence of the other parent’s non-compliance, the court may choose to hold them in contempt. If the other parent still does not pay, they will be subject to stringent penalties, including the possibility of serving jail time for their insubordination.

By far the most effective way to enforce a child support order is to retain the services of a knowledgeable attorney. If you are struggling to achieve cooperation from a noncompliant parent, our Providence family law attorneys at TJC • ESQ can help you pursue the proven strategies necessary to yield the results you need. We have more than 30+ years of trial-tested legal experience!

Call 401-400-4254 or fill out an online form today to find out more about how we can help.

Fortunately, determining how your child will spend their time during the holiday season does not have to be a major battle. To help minimize some of the stress of planning your child’s schedule this holiday season, be sure to keep the following tips in mind.

1. Plan early: Do not wait until the last minute to plan out your child’s holiday schedule. The sooner you begin, the more time you will have to work out any concerns that may arise.
2. Compromise: Certain holidays and dates may have particular importance to your ex-spouse, such as a planned trip to see family during Christmas. If that week is less important to you, be willing to accommodate and negotiate a trade, such as giving them Christmas in exchange for having physical custody during New Years. The more flexible you are, the more willing your ex-spouse will likely be to budge on an issue you find important at a later date.
3. Put it in writing: Once an agreement is reached, make sure it is memorialized in writing and signed by both you and your ex. Include specifics such as dates and times. If this agreement is not followed, this written record can be used as evidence later on in your favor.
4. Be good, for goodness sake: Remember, the holidays are a time of peace, love, and goodwill. While you and your spouse may not be on good terms, the least you can do is to set aside these differences and be civil for the sake of your child.

While these tips can help foster a happier holiday season, we all know that issues can arise that are beyond our control. If you are having trouble negotiating a mutual parenting with your spouse, contact TJC • ESQ today. Our Rhode Island family lawyers have been solving complex divorce and child custody cases for the past 30+ years and can provide the trusted guidance you need to reach an amicable solution as smoothly as possible.

Call 401-400-4254 or schedule a confidential case review today to get started.