Legal Question in Family Law in Rhode Island

My daughter

if her father doesnt seem to have the time for her and puts her on the back burner and i stop visits can he win in court for visitation even if she's going to be 13 and he's seen her for about 7 months this time and one year when she was 5.


Asked on 5/12/09, 6:45 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: My daughter

Your question is "can he win" based upon the circumstances you state here. I'm not sure what you mean by "win". If you mean, can the child's father still receive visitation despite the sporadic time he has spent with the child, I can only respond that it is certainly possible. As family law attorneys we make arguments for our clients, however, we don't make the decisions. That is the job of the judges. Is it possible that this man can prevail on a claim for visitation? Yes, anything is possible. It may depend upon how it is presented, who the judge is, etc..

The child's age is not a factor unless the court is asked to consider the minor preference of your minor daughter. Even then, that is not determinative, it is only a factor the court will consider when making its decision.

I know you are looking for a definitive answer here, but the truth is that there is none. Each case is different. You are asking whether an outcome is possible. Yes, it is possible. However, it make be just as possible that the child's father will not prevail under these circumstances.

I hope this is somewhat helpful.

Should you require more detailed information, feel free to contact me to arrange for a paid consultation or a paid family law coaching session.

I wish you the very best in this difficult matter.

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Answered on 5/13/09, 7:38 am


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