Legal Question in Family Law in Rhode Island

Joint custody

My soon to be ex and I have joint custody. i am the custodial parent. I am saying no more overnight visits because he takes my son to his friends house and let's him sleep on the floor and refuses to tell me where my 4 year old son is. We are going back to court in January because he can't go sooner or he will lose his job if he takes a day off. Can I legally do this. The decree says he has the kids Sat 10 to Sunday at 6. he usually just takes our son around 3 till Sunday when ever he feels like bring him home. He has broken the decree in so many ways already. Do I have a legal right to know where my son is sleeping overnight?


Asked on 7/28/08, 3:46 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: Joint custody

A right is something you are entitled to as a matter of law. Though you may not have a legal right to know where your son is sleeping overnight . . . you may ask the court to require your soon to be ex-husband to disclose where your son is.

I would think it is more important to get back into court and protect your son from the prospective harm to your son even if it means issuing a subpoena to have your soon to be ex-husband get back into court. Very few employers will terminate someone because they are required to be in court.

Yes. You can ask the court to suspend overnight visits until the family court determines if your soon to be ex-husband has suitable accommodations for your son and that he keeps your son at those accommodations on his overnights.

You can also request that the court make him disclose where your son is spending his overnights and also request a telephone number where you can reach your son during the father's visitations.

You mention what the "decree" says. I have to believe that you are referring to the Decision Pending Entry of Final Judgment. This may be modified by motion in the court's discretion.

The relief you are requesting depends upon how it is presented to the court. When it is presented well then it is typically granted. A family court investigation of the father's home is advisable.

If you need to engage counsel, feel free to contact me.

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Answered on 7/28/08, 5:39 pm


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