Legal Question in Family Law in Rhode Island

Re: New relationship issue

The father does not have the "right" to stop the boyfriend from having sleepovers at the childrens' mother's residence. However, the father can file a Miscellaneous Petition seeking an Order that the mother cannot have a person of the opposite sex overnight in her place of residence while she has the children.

Typically the justification for this is that that minor children are likely to suffer irreparable psychological harm if they are exposed to another man in their life (and their mother's life) who is not their father too soon after the mother and father cease living together.

While it is not a "right" of either parent to preclude the boyfriend or girlfriend of either one of the parents from being overnight in the presence of the children, each parent certainly can go before the court and ask for this kind of order to enter.

The court will typically err on the side of caution and look at the best interests of the minor children. If it appears that the new boyfriend of the mother (or girlfriend of a father) might pose a physical or psychological danger to the well-being of the minor children, then the court will usually issue an order restraining and enjoining both parties from having a person of the opposite sex overnight while that parent has possession of the minor children.

The Order of the court usually binds both the mother and the father to the same conditions.

Rhode Island Family Court: Overnight visitors of the opposite sex while the minor children are home?

This answer pertains to Rhode Island (RI) Family Law only. If you believe that the the boyfriend sleeping overnight is not in the best interests of your children you can seek a restraining order against it.

The judge may grant the restraining order on a temporary basis and then set the matter for a hearing on the merits.

Whether you ultimately win the case for a permanent restraining order depends in large part on the Judge assigned to your case and the facts of tthe case.

If the boyfriend has drug, alcohol or a negative history your chances of winning in Rhode Island Family Court are increased.

Another important factor is how long she has been dating this guy and how serious the relationship is. Many judges believe it is detrimental to the children to have someone come into the childrens life and then when the relationshup terminates the children are confused and upset.

The fact that you lived with her and the children without being married will go against your position according to some judges because you condoned the unmarried lifestyle.

If she marries the guy then you wont be able to do anything about it unless you can prove that he is directly detrimental to the children.

One Rhode Island judge is diametrically oppossed to overnight boyfriend / girlfreind visitors of the opposite sex.

I suggest that you consult a Rhode Island divorce lawyer or a Rhode Island Family Law Lawyer. Do you have joint custody of the child or does she have sole custody?

You are welcome to call me anytime .