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Recent Posts in Custody Category

  • Can I Get Temporary Orders During a Pending Divorce?

    When spouses decide to end their marriage, each side begins to deliberate on what they want in the divorce to support their needs and those of their children. They focus on the next chapter of their life and what it will look like. The future-oriented position is appropriate and necessary. There also needs to be a strategy for what happens between marriage and divorce. The divorce process in Rhode ...
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  • Will I Get Physical Custody Placement if I’m Awarded Legal Custody?

    Child custody is one of the more hotly debated aspects of a Rhode Island divorce. One parent might feel that they should be the sole custodian of the child. Rhode Island child custody laws prefer that both parents maintain their relationships with the children. A parent granted sole physical placement does not mean that the same parent will also be awarded sole legal custody. Physical Placement ...
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  • Lawmakers Consider Law for Pet Custody in Rhode Island

    Having a pet is as American as apple pie and hot dogs. Over the last few decades, Fido and Fluffy have become far more than a pet. They are members of the family. According to the American Pets Products Association (APPA), about 70% of U.S. households have a pet. U.S. households have 69 million dogs and 45.3 million cats. Those numbers reflect a significant increase over the last 25 years. The ...
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  • Can Unsupervised Visitation Be Reinstated in Child Custody?

    Can Unsupervised Visitation Be Reinstated in Child Custody? A parent granted supervised visitation looks forward to the day they can spend time with their child on their own. Until then, time with their child must be coordinated with the schedule of the supervisor. Meaningful bonding can be hampered by the limited time and the presence of someone else. Before regular parenting time can occur ...
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  • Unwed Mothers Can Receive Child Support

    Child support is a standard element in divorces that involve minor children. Custody and support negotiations can be among the most emotional aspects when spouses end their union. While media attention often focuses on support within the context of divorce, unwed parents have the same rights to child support as their married counterparts. Our highly accomplished attorneys at McIntyre Tate LLP can ...
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  • Overview of Supervised Parenting Time in Rhode Island

    In an ideal situation, a divorce will end with both parents having joint custody rights of their children. Usually, this means that one parent will have physical possession of the children, and the other parent will have visitation or parenting time. For the parent that does not have physical possession, visitation can be arranged using a predictable schedule, such as visitation for several hours ...
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  • Relocation Cases in Divorce: Who Stays with the Children?

    One of the most contentious aspects of a typical divorce is child custody. Most parents want to spend as much time with their children after a divorce as possible and are willing to fight in court to ensure that happens. By the end, even an uncontested divorce can become heated as both spouses do what they can to win their parental rights. However, when a divorce is settled, there is nothing that ...
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  • Rhode Island Child Custody Laws for Unmarried Parents

    Legal issues regarding child custody in Rhode Island are often complicated and stressful. At McIntyre Tate LLP, we are committed to providing diligent representation for clients navigating the RI family court system. If you are a divorced or unmarried parent, what are your rights concerning custody of your child? Here’s what you need to know: Mother’s Custody Rights An unmarried mother has sole ...
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  • Courts continue to address the definition of "parent" to extend beyond the traditional "normal" gender considerations to now include "tri-custody"

    Recent New York cases have maintained an agreed-upon custody arrangement where the mother, father, and the paternal grandparents had joint custody of the children with primary physical custody and decision making authority granted to the grandparents. Such cases involve an investigation into and determination of “extraordinary circumstances” to first determine standing rights as between parents ...
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  • Types of Child Custody in Rhode Island

    Contact McIntyre Tate LLP at (401) 283-1645 Today If you’re going through a divorce and have children, custody can be a difficult issue you and your ex-spouse will need to come to an agreement on. If you find yourself in the midst of a heated custody battle, you should not hesitate to contact an attorney from McIntyre Tate LLP. We have the skill and insight necessary to help you determine what ...
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  • Rhode Island Supreme Court Upholds Child Support Guidelines

    A recent case presented before the Rhode Island Supreme Court reiterated its policy of standing by the previously established guidelines for determining child support. The case, an appeal brought forward by Michael Vieira, sought to appeal that the family law judge who had initially decided their divorce had erred in several aspects of their decision. One of the areas that came into question was ...
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  • New Trend In Custody: Nesting, Sharing A Single Home

    The Wall Street Journal recently reported on a new trend in custody arrangements which is gaining ground throughout the country. Parents who separate sometimes jointly maintain the marital home, have the children live in it, but rotate their scheduled visitation with the children at the home. This allows the children to remain in their home without disruption to the children caused by transporting ...
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  • NY Court Awards Sole Custody to Father after Mother Attempts to "Brainwash" Child

    In a recent New York decision, the father of a 12 year old girl was awarded sole custody of the child when it was determined that the mother had made intentional efforts to alienate the child from her father, such actions deemed by the Court to be “so inimical to a child’s interests as to raise a strong probability that the offending parent is unfit to be a custodial parent”. The Court relied on ...
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  • Social Media Evidence Becoming Important in Divorce and Custody Cases

    Social media has transformed the way people communicate. People use social media to keep friends and family updated on events in their daily routines, from the mundane to the extraordinary. They use social media to promote their business or profession, or to post photos or videos of themselves or others to share with on-line communities. Indeed, many utilize social media to communicate aspects of ...
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  • Partanen v. Gallagher: Supreme Judicial Court of Massachusetts holds that the absence of a biological relationship with a child does not preclude a finding of presumed parentage

    In a landmark decision, the Supreme Judicial Court of Massachusetts held that a person may establish herself as a child’s presumptive parent in the absence of a biological relationship with the child. Karen Partanen and Julie Gallagher were in a committed, nonmarital relationship for twelve years. Using in vitro fertilization, and with Partanen’s “full acknowledgment, participation, and consent,” ...
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  • Gay Custody Disputes

    The Wall Street Journal has an interesting article that highlights a growing issue nationally and in the Rhode Island legal community. Increasingly, we are seeing the relationships of gay couples (married and non-married) disolving and impacting their children. Naturally there are issues that are unigue to gay couples, and this article discusses custody disputes when only one member of the couple ...
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  • Rhode Island Supreme Court upholds child custody decision

    The Rhode Island Supreme Court has upheld a Family Court judge's denial of custody and visitation. The father had been convicted for second-degree child abuse. While the conviction was later overturned, the father failed to comply with the trial judge's order that he attend domestic violence counseling and a drug program. The decision can be found by requesting a copy by contacting McIntyre Tate L ...
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