| The following arguments will go in one ear and out the | | | | Unless a person has actual evidence that the person is |
| other with most Family Court Judges unless there is | | | | cheating the drug test than this argument will usually fall |
| some real proof (evidence) supporting the basis of the | | | | on deaf ears. |
| argument. This article applies to all Rhode Island | | | | #4. He doesn't even know how to change a diaper. |
| Family Law cases including Rhode Island Divorce, | | | | The judges figure that he will figure it out. Every new |
| Child Custody, Visitation, DCYF & Paternity cases. | | | | parent must learn how to change diapers. |
| Top 9 arguments that typically do not work in Family | | | | #5. He is seeking visits to get back at me, he does not |
| Court in Rhode Island (RI). I also seriously doubt that | | | | really want visitation. |
| they work anywhere else! Article by a Rhode Island | | | | This usually cannot be proved and frankly the judges |
| divorce and family law lawyer. This article applies to all | | | | are sick and tired of this argument. |
| family law cases including divorce, child custody, child | | | | #6. I just use drugs occasionally and its only marijuana. |
| visitation and paternity cases. Please contact a Rhode | | | | Drug are drugs to family Court Judges! Any Illegal drug |
| Island Divorce Lawyer | | | | use is grounds for taking the children from the parent |
| #1. If I allow him visitation, he is going to kidnap my | | | | with physical custody and placing them with the other |
| children. | | | | parent. Drug use could also lead the Court to order |
| This argument typically does not work because the | | | | that all future visitation with the minor children be |
| judges have heard it a million times before. This | | | | supervised visits. |
| argument is based on rank speculation. If the judge did | | | | #7. The only reason he wants visitation is so his |
| not allow visitation solely based on an unsubstantiated | | | | parents can visit with the children |
| allegation of hypothetical child kidnapping then it would | | | | Unless you can prove that he does not spend time |
| be too easy to deprive a person of visitation. | | | | with the children and his parents spend all the time with |
| Furthermore, courts cannot issue orders based on | | | | them during visits then this argument will not work! |
| hypotheticals. All that the court can do is issue an | | | | #8. He has not paid his child support so he should not |
| order. | | | | have visitation with the child! The Courts are not willing |
| The Rhode Island Family court is usually willing to issue | | | | to punish the children by disallowing visitation because |
| an order that the party cannot permanently remove | | | | a parent is in arrears in payment of child support. |
| the minor child from the state of Rhode Island. In some | | | | Nonpayment of child support is not a reason to |
| instances the court will issue a restraining order against | | | | suspend visitation! |
| out of state travel for significant periods of time | | | | #9 Woman who have child support obligations are |
| without prior consent. | | | | treated differently than men! Although there may |
| If there is evidence that the person may take off with | | | | be more than a scintilla of truth in this argument, it will |
| the children then this argument might be taken | | | | only infurate the judge. It suggests that the judge is |
| seriously. | | | | biased or is going to treat you unfairly. |
| #2. The child is so young that the child needs to wake | | | | Rhode Island Attorneys legal Notice per RI Rules of |
| up in my house Christmas morning to open the | | | | Professional Responsibility: |
| Christmas presents. | | | | The Rhode Island Supreme Court licenses all lawyers |
| This argument typically does not work because the | | | | in the general practice of law, but does not license or |
| judges have heard it a million times before. This is an | | | | certify any lawyer / attorney as an expert or specialist |
| argument based on emotion. Judges typically believe | | | | in any field of practice. |
| that the parents should alternate Christmas visitation. | | | | David Slepkow is a Rhode Island lawyer / attorney |
| However some judges may be sympathetic to a very | | | | concentrating in divorce, family law, personal injury, |
| young child between the ages of 3-7 waking up at the | | | | criminal law, restraining orders, child support, custody |
| house where they live on Christmas morning. | | | | and visitation. David has been practicing for over 9 |
| #3. Even though the drug test was negative, he must | | | | years and is licensed in Rhode Island, Massachusetts |
| have taken supplements or drank a lot of water | | | | and Federal Court. Free initial consultations. Credit |
| because he is still using drugs. | | | | Cards Accepted. |
| This argument typically does not work. The Rhode | | | | You can contact attorney David Slepkow by going to |
| Island Family Court has a drug testing facility. The | | | | Official website of Rhode Island divorce and family law |
| judges believe that the testing procedure at that facility | | | | lawyer, David Slepkow or by calling him at |
| is accurate and therefore must rely on it. | | | | 401-437-1100. |
| This argument is usually based on rank speculation. | | | | |