Legal Question in Family Law in Rhode Island

Re: Child custody..

In Rhode Island you can expect that it could very well hurt you in a custody battle. If your boyfriend is living with you, given the fact that your boyfriend did prison time and this happened only in the last two years, the courts are likely to question your judgment. This has a great deal to do with which parent the courts will place the children. You said he was "caught" with marijuana yet he did a year in prison. How much marijuana are we talking about? Was this just a possession charge? Was it possession with intent to distribute? These are significant factors that the court judges in Rhode Island are likely to consider. One year in prison seems a steep sentence for either possession or a first sentence. Does your boyfriend have a prior record of any other offenses? All of these factors will usually be considered by a thorough judge. Also, the tender young ages of your children will be taken into consideration as well. A court judge will be more inclined to be cautious to protect minor children. If the father of the child or children that you may be referring to has a good job, no criminal record, the ability to provide for the children and does not have a similar person in his life like your boyfriend (i.e. a criminal record that may be a threat to the child or children) then you may have a battle on your hands.

Rhode Island Family Court Judges have made decisions that give the mother the choice of keeping her children or getting rid of a boyfriend that is seen as a threat to the child/children's well-being.

Could it hurt your case? Take this seriously. It could lose you your children if you are in Rhode Island's courts.

Disclaimer: Attorney Pearsall has provided this answer as an informational service only. This answer does not constitute legal advice and does not create an attorney/client relationship between you and Attorney Pearsall. You should not act on any information without an in-person consultation with a licensed practitioner who has the opportunity to question you about your particular circumstances and/or situation.

Re: Child custody..

I am certain that it will be raised if there is custody litigation. Do you live with your boyfreind? Often times when someone is on parole for a drug offense, they are tested. This evidence could be used to support your position that he has turned his life around.

As you probably know, Deleware County is coservative. If the children are doing well in school, etc, the courts are not likely to make a wholesale change in their lives.

Please call to discuss this matter further.

Jim