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Top 8 Arguments That Don’t Work in Family Court! The Judges Have Heard it a Million Times Before!
1. If I allow him visitation, he is going to kidnap my children?
This argument typically does not work because the judges have heard it a million times before. This argument is based on rank speculation. If the judge did not allow visitation solely based on an unsubstantiated allegation of hypothetical child kidnapping then it would be too easy to deprive a person of visitation. Furthermore, courts cannot issue orders based on hypotheticals. All that the court can do is issue an order.
The Rhode Island Family Court is usually willing to issue an order that the party cannot permanently remove the minor child from the state of Rhode Island. In some instances the court will issue a Restraining Order against out of state travel for significant periods of time without prior consent.
If there is evidence that the person may take off with the children then this argument might be taken seriously.
2. The child is so young that the child needs to wake up in my house Christmas morning to open the Christmas presents.
This is an argument based on emotion. Judges typically believe that the parents should alternate Christmas visitation. However some judges may be sympathetic to a very young child between the ages of 3-7 waking up at the house where they live on Christmas morning.
3. Even though the drug test was negative, he must have taken supplements or drank a lot of water because he is still using drugs.
The Rhode Island Family Court has a drug testing facility. The judges believe that the testing procedure at that facility is accurate and therefore must rely on it.
This argument is usually based on rank speculation. Unless a person has actual evidence that the person is cheating the drug test than this argument will usually fall on deaf ears.
4. He doesn't even know how to change a diaper.
The judges figure that he will figure it out. Every new parent must learn how to change diapers.
5. He is seeking visits to get back at me, he does not really want visitation.
This usually cannot be proved and frankly the judges are sick and tired of this argument.
6. I just use drugs occasionally and its only marijuana.
Drugs are drugs to Family Court Judges! Any illegal drug use is grounds for taking the children from the parent with physical custody and placing them with the other parent. Drug use could also lead the court to order that all future visitation with the minor children be supervised visits.
7. The only reason he wants visitation is so his parents can visit with the children.
Unless you can prove that he does not spend time with the children and his parents spend all the time with them during visits then this argument will not work!
8. He has not paid his child support so he should not have visitation with the child!
The Courts are not willing to punish the children by disallowing visitation because a parent is in arrears in payment of child support. Nonpayment of child support is not a reason to suspend visitation!
Rhode Island Attorneys Legal Notice per Rhode Island Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
Rhode Island state law requires a 60-day waiting period after the couple has filed a petition, but the court reserves the right to hear cases sooner should it be deemed appropriate. During the 60 days, the court has the discretion to investigate claims and order counseling.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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