Legal Question in Family Law in Rhode Island

Re: Divorce and Kids- Overnight boyfriends / girlfriends when the children are home? Rhode Island Family Law

In all child custody, visitation and custody disputes in Rhode Island (RI) the central issue to be determined is what is in the best interests of the minor child or children. I stongly suggest that you consult with a Rhode Island Divorce / Family law Lawyer / Attorney. Please feel free to call me. This arrangement does not appear to be in the best interests of your children and appears to be detrimental to their well being.

You should tell your ex that you find this arrangement unaccaptable and detrimental to your children. You should seriously consider filing an emergency petition in Rhode Island Family Court seeking a restraining order against your ex girlfriend from having overnight non family member visitors of the opposite sex overnight when the children are present.

Some judges are opposed to overnight visitors of the opposite sex when the minor children are home in divorce and family law cases. Other judges will look at other factors in determining the issue.

In any event it appears that you have a very good chance of being able to get a a temporary restraining order against your ex girlfriend from this type of activity. the Court will then set the matter down for hearings to determine how long the restraining order will stay in effect.

Re: Divorce and Kids

You mention that the man is your soon to be ex-husband. If this is the case and you have an attorney, you should request that your attorney file a Motion to Restrain and enjoin your husband from having any unrelated person of the opposite sex overnight while the children's father has them.

If you do not have an attorney you may wish to consult a divorce attorney regarding this issue. Some judges may deny a restraining order request if it is not phrased appropriately to call attention to the real issue and why it is of concern.

If you do not have a divorce or family law attorney to assist you, you may wish to contact me to have an informative yet inexpensive consultation which may help you enough for you to undertake such a motion on your own.

If this is truly affecting the children, then action should be taken sooner rather than later. The longer you wait the more the judge will wonder why you waited and that may play a part in whether the judge takes your motion seriously or not.

My best of luck to you in this difficult situation.