Will a judge of the Rhode Island Family Court allow overnight (romantic) visitors of the opposite sex when children are home? The answer is that it depends.
Will a judge of the Rhode Island Family Court allow overnight (romantic) visitors of the opposite sex when children are home? The answer is that it depends.
Here are is a bright line general rule in this confusing minefield:
When the Rhode Island divorce is pending and final judgment of divorce has not entered, almost all RI Family Court Judges will restrain overnight visitors of the opposite sex when the children are home. In addition, most judges will restrain an introduction to a new boyfriend/ girlfriend while the divorce is pending. Rhode Island Judges take the position that it is not in the best interest of the children for a person to introduce a child to a romantic partner when a divorce is pending. All the standard excuses will not work in Rhode Island Family Court. The Judges have heard it a million times before.
After Divorce in Rhode Island can a person have an unrelated overnight visitor of the opposite sex when the children are home?
One judge takes the firm position that no there are no unmarried / unrelated visitors of the opposite sex when the children are home. Most judges are not diametrically opposed to overnights after divorce or when the parents were never married unless it can be proved that it is not in the best interest of the child to allow such visitors. Judges tend to have different opinions on this matter.
If the Boyfriend or Girlfriend has a drug or alcohol problem or a serious criminal history then the judge may restrain the person from overnights when the children are home. There could be a Myriad of other reason that could cause a judge to issue a restraining order such as domestic abuse / violence history, child abuse and conflicts between the child /children and the boyfriend and girlfriend. The judge has to look at the best interest of the child in making this determination.
Legal Notice per Rhode Island Rules of Professional Responsibility:
The Rhode Island (RI) Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island Divorce Attorney concentrating in Divorce, Family Law, Restraining Orders, DCYF, Adoptions, Paternity, Post Divorce, Relocation, Child Support, Custody and Visitation. David Slepkow has been practicing Law Since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial consultations. Credit Cards Accepted. Evening Appointments available. You can contact RI Attorney David Slepkow by going to Rhode Island Family Law Lawyer or by calling him at 401-437-1100.
