Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall: RI Divorce Lawyers on Child Custody

RI Divorce Lawyers on Child Custody

August 27, 2011

RI Child Support - A RI Lawyer's Child Support Coaching Tip

Do you have an uncontested RI divorce in Rhode Island's Family Court? Or do you hope for one?

It's easy to make the same mistake some Rhode Island attorneys practicing divorce make, namely that joint physical placement of your children so that you each have the child or children exactly 50% of the time means that neither parent pays child support to the other parent.

The Rhode Island Child Support Guidelines are available to everyone at the Rhode Island Family Court Domestic Relations Clerk's desk/office. Even a quick read of Rhode Island's Guidelines is informative and would put you on notice that while it is "possible" that there would be no child support payable from either parent to the other in such circumstances, it is just as possible that child support will still be payable to the lesser earning parent in the Rhode Island divorce or Child support proceedings.

Why is that the case in Rhode Island?

Generally speaking it's not about you as the parent, it's about the children. In a joint physical placement situation Rhode Island's Family Court Administrative Order 2002-03 which forms the substance of the Rhode Island Child Support Guidelines provides as follows in Joint/Shared Physical Custody situations,

In light of the unique nature of an individual joint or shared physical custody arrangement, the Court should exercise its discretion to determine an equitable child support obligation in accordance with the 2002 Monthly Basic Child Support Obligations Schedule and Child Support Guideline Worksheet.

Therefore, the Rhode Island Family Court Judge assigned to your case has a considerable amount of discretion when it comes to the support for your children. It is NOT simply that by having your child(ren) half of the time that you automatically cancel out Rhode Island child support.

So what might the Rhode Island Family Court Judge do in your particular case. Since each case is based on the facts and no two cases are identical, there is no real prediction that I, or any other Rhode Island attorney could make regarding any child support you may or may not have to pay. However, reasonable speculation is possible by an experienced professional who hears the facts and determines what the possibilities might hold from the court's point of view.

So, in the first instance in any Rhode Island family court proceeding involving child support under the RI Child Support Guidelines, it is best to know that (1) having joint/shared physical custody of your children with the mother of the child(ren) does not mean "No Child Support.", and (2) the Court judge on your case has discretion in determining how much child support, if any, should be paid by one parent to the other parent when considering the best interests of the Minor Child(ren), and (3) it is still helpful in the long run to meet with a divorce lawyer who regularly has practiced Rhode Island divorce and family law to find out what a Court judge might possibly do regarding Rhode Island Child Support given your particular factual circumstances for a Rhode Island Child Support Order so that you and be adequately prepared for possible outcomes.

Ultimately, don't make the mistake of thinking that simply because you get the other parent to agree to joint/shared physical custody of the child(ren) that you won't have to pay any child support. If you make that assumption you may find yourself sitting before a Rhode Island judge who suddenly orders you to pay hundreds per month to the mother of the child(ren) and now you have to pick your chin off the floor because you planned on using those monies for something else.

Need to plan for the possibilities or prepare for the worst?

Call for a Rhode Island Child Support Advice and Coaching Session NOW!

One hour for only $135 could save you thousands of dollars of headaches!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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February 11, 2011

Uncontested RI Divorces - Rhode Island Children Come First!

For each ten (10) calls I receive about how much it costs for a divorce each week, nine (9) of those calls describe the divorce situtation as uncontested.

Of those nine (9) divorces that are described to me as uncontested each week, eight (8) of them involve children.

In any divorce involving minor children there could be any number of legal issues that the court will want to know about, including legal custody, physical placement, visitation, shared holidays and vacations with the minor children, tax deductions for each minor child, child support, health and dental insurance, medical, dental, orthodontic, optical and other healthcare expenses uncovered by insurance, transportation of children, and other relevant issues regarding minor children. That's quite a few legal issues.

Yet out of every nine (9) divorces that are described to me as uncontested, only one (1) person who calls me has addressed even half of these legal issues with his or her spouse.

Uncontested Divorces in Rhode Island are more than possible, they are the best way to resolve a divorce with your spouse, especially when minor children are involved. So how do you do it?

This short article on Rhode Island Uncontested divorces shows you the key element when children are involved. So here are three tips for parents of minor children in an uncontested RI Divorce from the Rhode Island Divorce Coach:

1. Parent's Tip #1- Remember that the children come first.

2. Spouses Tip #2 - Resolve the issues regarding the children first and foremost because that will resolve a majority of the major issues that the court will need to hear testimony about at the time of your nominal (i.e. friendly/uncontested) divorce hearing.

3. Spouses Tip #3 - To resolve all issues in your divorce regarding your children, put the children's interests first and not your own. You should be in a logical frame of mind and deal with one issue at a time.

Remember. . . in any divorce, especially an uncontested Rhode Island Divorce . . . Kids Come First!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

- - Recommended Websites - -

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August 25, 2010

RI Child Custody Question - I'm the Custodial Parent. Can my ex stop me from moving out of RI?

Physical Child Custody Question: I have sole physical custody of my two children and we share joint legal custody. We have been divorced for three years . I currently live in Lincoln, RI and would like to buy a home in Franklin, MA. It is 17 miles away and a 25-30 minute drive. Can the father of my children prevent me from moving such a short distance? There is nothing in our divorce decree that addresses this issue. He currently lives across the street from me and does not want to drive 25 minutes to pick them up or drop them off. I have agreed to meet him half way for visitation but he still has contacted a lawyer. Does he have a valid case?

Rhode Island Custody Lawyer and Coach Answers:

Yes, your ex-husband can validly petition the Rhode Island Family Court for an Order preventing you from moving with the Minor Children out of the state. It is not so much the distance that is the issue. The issue arises in the fact that you want to move the Minor Children outside the geographical boundaries of the State of Rhode Island. It is irrelevant that there is nothing in your divorce decree or any marital settlement agreement that you may have had that addresses the issue. Courts and parties are rarely able to address every type of situation that might arise in a family after a divorce occurs, although this issue is a bit more common. However, your ex-husband should make sure he gets an experienced Rhode Island Divorce and Family law attorney to advise him regarding this issue.

Why do I say this?

Because the information he would receive would be substantially in your favor. Rhode Island case law is fairly clear that absent your ex-husband proving that you are moving for a vindictive reason such as to deprive him of his visitation or to make things more difficult for him, then as the placement parent (parent with physical custody) you only need to demonstrate to the court that you have a good reason for moving with the children.

The reason can be anything from buying a house for the children, moving for a new job opportunity, better school systems for the children in the new area you would move to, a better neighborhood for the children, one or more family members live in the new area you propose to move to, etc... but all your reasoning should collectively be for the benefit of the minor children.

Generally speaking a "good reason" seems to be any reason that makes sense for the best interests of the children and you as the placement parent, other than one that vindictively is designed to hurt the other parent in some way. Therefore, even though your ex-husband has a valid case he can make before the court, based upon the facts you have provided here, he is unlikely to prevail in preventing you from moving with the children unless he can prove the vindictive reason for moving the children.

Helpful Family Law Tip:

To protect yourself, put your offer to meet him half way for his visitation and your desire that you don't want his relationship with his children to change in writing and spell out all the excellent reasons you have for moving with the kids and how it would benefit them. This might prove to be an excellent piece of evidence you might be able to present to the court at a later date if you need to.

I wish you the very best of luck. I have addressed this issue over the years and it is one I am well versed in. Your greatest challenge is not your legal issue.

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2007 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on August 25, 2010 at 08:59 PM in Affordable Rhode Island Divorce Lawyers, Post-Divorce: Moving Children, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

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January 31, 2010

RI Child Custody Question - I'm the Custodial Parent. Can my ex stop me from moving out of RI?

Rhode Island Custody Lawyer Answers:

Why do I say this?

Helpful Family Law Tip:

I wish you the very best of luck. I have addressed this issue over the years and it is one I am well versed in. Your greatest challenge is not your legal issue.

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Warm Regards,

Christopher A. Pearsall, Esquire

Rhode Island's Only Full-Time Divorce Lawyer and Family Law Coach*

* Note: The RI Supreme Court licenses all attorneys in the general practice of law and has no procedure for specialization or recognition in any area of law.

Posted by Attorney Christopher A. Pearsall on January 31, 2010 at 11:23 AM in Post-Divorce: Moving Children, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

Technorati Tags: answers, attorney, attorneys, child, children, custodial, custody, expert, kid, kids, law, lawyer, lawyers, legal, placement, primary, questions, rhode island, ri, specialist

August 17, 2008

A Tip from one of Rhode Island's Divorce Lawyers. The Four (4) Major Factors!

Originally the Rhode Island Family Court and divorce proceedings were part of the Rhode Island Superior Court. Though they remained a court of superior jurisdiction, the Family Court was created to address family related matters which in and of themselves comprised a substantial number of cases focused on the specific subject of legal matters dealing with relationships, the well-being of the family unit and contracts such as marriage.

Seeing the need for a separate court to address divorces and relationships which resulted in contract-like situations, the RI General Assembly established the Rhode Island Family Court system and its underlying structure.

It is helpful and important to know that Rhode Island Divorce lawyers often deal with very emotional issues for their clients because with marriage often comes divorce - the severing of the living situation, financial dependencies the parties have with each other, the children borne of the marriage, and the assets and debts accumulated during the courts of the marriage.

It is extremely help however to understand that the RI Family Court system arose out of the Superior Courts due, in large part, to the contractual nature of marriage.

A marriage, though not viewed by many people as such, is in fact a contract. During that contract children may be born, assets may be acquired, debts may be accumulated and one of the parties may need financial assistance to survive the dissolution of the marriage contract.

Do you want to get through your divorce and move on with your life as quickly as possible? Then as difficult it is, put aside your emotions and think about where the judge is sitting and what he or she must do.

Imagine your case the way the judge does. The judge sits there day in and day out hearing all kinds of saga, including emotions, hard luck stories, bitter retorts, vindictive statements, heartfelt pleas to punish the other spouse and more. Yet the judge isn't there to be your counselor or to take the court's time so that you can say your piece just to get it off your chest and feel somewhat better just for having said it.

The judge sits on the bench in a divorce case to help the parties reach an equitable result to the dissolution to your marriage contract.

Think about the judge's role and take the most direct result to the resolution of your divorce that is fair and reasonable or that is acceptable to you.

While the judge sits on the bench he or she has a specific role, namely to identify and deal with the important aspects of what your marriage produced. Usually it is fairly straightforward.

1) Minor Children
2) Marital Assets
3) Marital Debt
4) A Spouse's ability to financially survive after the divorce.

While it is true that each of these items has each of its own characteristics, a divorce can reasonably be converted down into these four (4) basic elements for the purposes of understanding how you can help yourself through it.

This is simply a practical tip that will help any party to a divorce, IF, you can do it.

1) Put your emotions of rejection, anger, feelings of fault, depression, and all other emotions about your relationship away as much as possible when dealing with your Rhode Island Divorce Lawyer.

Why? Because lawyers address the legal issues the court will rule on and unless they have counseling training for mental health issues, they are not the best ones to voice those concerns too.

I am not recommending that you bury your feelings or that you don't deal with them at all. I am suggesting that you find a good psychologist, psychotherapist, individual counselor, family counselor and/or marriage counselor and talk them out, whether they be feelings about your spouse's infidelity or your own insecurity or fears. Your emotions should be dealt with by a professional skilled in mental health and emotional issues.

2) Focus on what the judge must deal with in your marriage. Those are the four points I have listed above. These are at the center of your Rhode Island divorce. If you can remove the emotion from these points and focus on them in the order they are listed and decide upon them in the order in which they are listed then you will have the best opportunity to resolve your divorce as quickly and and effectively as possible to move on with your life.

The Rhode Island family courts are not a forum for waging vendettas and punishing your spouse for the wrongdoing you believe he or she has committed that have caused you to feel hurt or embarrassment. Move on with your life sensibly and maintain your self-respect and dignity. In this way, your life will grow and be enhanced much more quickly.

Life is all about change but not all change is bad. Divorce is a big change for spouses and for children but it need not be a bad change. Divorce is not only an ending of something you are familiar with, it is the beginning of something new, a great adventure that may bring you untold happiness without measure.

Embrace it and Live for You!

Authored By:

Christopher A. Pearsall
RI Divorce and Family Lawyer
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
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Posted by Attorney Christopher A. Pearsall on August 17, 2008 at 05:26 PM in RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Assets, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Child Support, RI Divorce Lawyers on Debts, RI Divorce Lawyers on Equitable Distribution, RI Divorce Lawyers on Marital Assets, RI Divorce Lawyers on Pro Se Individuals | Permalink | Comments (0) | TrackBack (0)

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