Legal Question in Family Law in Rhode Island
Biological Parent Vs.
I am have question regarding whether or not it would be possible for a judge to deny a biological parent visitation over a ''defacto'' parent. I am seeking visitation with my 8 year old daughter. Her mother has my daughter and another man believing they are father & daughter. When I submitted my petition her lawyer objected on the grounds that my daughter already has a long standing relationship with her defacto parent and that I should be denied visitation because it would not be in her best interest to have visitation with me. My daughters mother and this other man who my daughter believes to be her father were never married and never lived together. I was adjudicated to be her father not him. Could they really deny me visitation over this other man?
2 Answers from Attorneys
Visitation rights of absent Biological parent in Rhode Island
I strongly suggest that you retain a Rhode Island family law and child custody attorney. Visitation is a fundamental right pursuant to the United states Constition and RI law.
Visitation can only be denied under the most extreme cirumstances or unless your parental rights have been terminated through an adoption.
You should seek supervised visitation to get started. It may be in the best interest of the child to have a psychiatrist / psychologist or other professional involved in the reunification so that the child is not emotionally harmed.
It is possible that a Rhode Island family Court Judge could deny you visitation however it is unlikely unless you have done something to harm the child directly.
Have you paid child support?
Please contact me to set up a free consult.
Re: Biological Parent Vs.
Unfortunately your issue is more complex than the information you have provided.
Is it possible for the court to deny you visitation? Yes. A judge can make any order regarding visitation that the judge determines is in the best interests of the minor child. Whether it is right, wrong, or is subject to an appeal or a request for review by the Rhode Island Supreme Court is a separate issue.
There are various other factors that are not contained in your question. What has your contact with the child been for the first 8 years of her life? Did you financially support her? Did you have a relationship with this child at any time as her father?
If the family court judge denies you visitation that ruling will stand until you appeal it and the ruling overturned.
There is a significant difference under Rhode Island law between being a biological father and being a psychological father.
The totality of all the facts are a better indicator as to what the court might order.
If you are serious about obtaining visitation with your daughter, retain the services of a full-time family law practitioner. You may only get one shot at this.
If you need further legal assistance, feel free to contact me for a low-cost consultation or representation.