Some Rhode Island divorce cases involve either a Family Court restraining order, a protection from abuse order or a "No Contact" order from either the Family Court or the District Court. Often people mistakenly believe that a RI Restraining Order only means that the parties cannot speak to each other. A person believing this can find themselves being arrested or charged with a violation of a court order that may include jail time.
When discussing parenting plans with divorcing parties, I often wonder what is the motivation behind their wants and the posturing that goes on. Some parties want the kids the majority of the time to satisfy their ego that he/she is the better parent. Some want to restrict the other's time with the children as punishment. Some want equal time to reduce child support. And yes, some want equal time with the children for both parents as they perceive that the children are entitled to have both parents as very interested parties in their lives. They go into the negotiations considering what is best for their children.
Rhode Island allows its citizens may to have medical marijuana cards, authorizing them to grow and use marijuana legally. The statute provides that no school, employer or landlord may refuse to enroll, employ or lease to a person with a medical marijuana card. However, what happens in Family Court when a parent has a medical marijuana card and wants custody and time with his/her children according to a parenting plan?
Summer has come and gone, and school is back in session across Rhode Island. While shopping for new shoes and backpacks and tackling homework may be at the forefront of some parents' minds, divorced parents have a whole other set of concerns: that of their child custody or "parenting plan" schedule. Whether parents divorced over the summer or they have been divorced for years, autumn is a good time for parents to review their parenting plans to ensure they set their child up for success.
Delays impair mediation and resolution of custody, support or divorce issues.
Children are often the pride and joy of their parents' lives. Every child is a combination of that child's parents while still being completely unique. Just like no two children are the same, no two child custody situations are the same. Every child, every family and every parent has different needs, desires and wishes when it comes to child custody. Family law courts often have a difficult time adjusting to this reality.
Bringing up children is a challenge whether you are doing it with alone, with a loving partner or co-parenting after a separation/divorce. Teaching, motivating and working with your child takes energy, wisdom and creativity.
When developing a Rhode Island Parenting Plan, what are factors to contemplate? Courts consider "best interest of the child". But when considering a parenting plan, we consider large blocks of time with each child. What should you be looking at to determine if you and/or your co-parent should enjoy those large blocks of time?
Unmarried couples with child custody issues are growing in numbers. A recent Pew Research Center survey shows that Millenials (ages 18 - 33) "lead all generations in the share of out-of wedlock births". In 2012, 47% of births to women in the Millenial generation were non-marital compared to 21 % among older women. Many parents do not remain together after the birth of a child, whether the split occurs months or years later.
Every child custody case in Rhode Island presents its own unique facets and dimension. Some child custody plans may be arranged out of court, with the help of mediators and attorneys. Other times, child custody cases must be determined by the court. In either case, those planning the child custody arrangement must keep the child's best interests at the forefront of the conversation. The child's needs outweigh the parent's wants, but there are, in many cases, ways to fulfill both.