Legal Question in Family Law in Rhode Island
father rights to remove minor child from state/mother absent
my husband needs a lawyer to gain permission to remove his 4 yo from RI the grandmother has physical custody w/ DCYF ,due to the mother abandoment of child he has been fighting in court for over a yr and is not getting very far w/o a lawyer, unablr to vontact mother who was given custody of the child the same day she brought the child to him and said she would see him in 20 yrs, temp custody was given to him the following day, and the grandmother agreed to help him with the child because the child did not know him and was crying for his mother, when he agreed to let the child stay with her until the child got comfortable with him , she called dcyf and got them involved now everything has been a mess, he has seen every judge in family court and he has no charges against him, i am living in NC and own my own hoime and i am employed here they have investigated both of us and found no reason for us not to have the child, yet they since wont allow us to have him or take him from the grandmother or remove him to NC,they dvyf case worker is working against us and has made promises to the grandmother,this has been going on for over a yr now and it has to stop somewhere,we need cases that we could reference to help us, or a low fee lawyer.
1 Answer from Attorneys
Re: father rights to remove minor child from state/mother absent
You are absolutely correct; your husband does need a lawyer because the rule with both DCYF and the court system is to "err on the side of caution". Unfortunately many times the result is to trample on the rights of a natural parent (your husband) in favor of a grandparent. This is neither correct nor proper the child should be with a parent first and a grandparent second. However the process of changing the existing ruling (status quo) will take time and effort by a lawyer who is familiar with the process. Please feel free to contact me one of my partners is excellent at these cases.
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