Family Law Questions? Ask a Family Lawyer Online.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
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Are you legally separated or just living apart? Is there a current court order in effect regarding the children?
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Are you legally separated or just living apart?
Is there a current court order in effect regarding the children?
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Since there is no court order in effect regarding the children, the parent in physical possession of the children has custody and can deny visitation to the other parent. Therefore, you may want to consider obtaining physical possession of your children and filing for custody while they are in your possession.
When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.
I would be glad to respond to any related follow-up questions that you may have.
While I have them in mass. Can I file in rhode is.? Yes Do I have any chance at all of getting them during the week? Yes
I will explain
You have established an agreed visitation arrangement with your wife up to this point. When the parents course of action indicates agreement the court will typically determine that that agreement is in the children's best interest. This is why the attorney is now telling your wife to change the course of action. Typically you would need to ask the court to order a parenting plan at this time reflecting the agreed visitation arrangement that you have established up to this point
What is the distance
No not typically - This is especially true since you have already established a visitation arrangement
I understand. At this point my best advice to you is to meet with local counsel on Monday.If possible, continue with your visitation for the weekend and do not return the children until after you have met with counsel
Yes I understand however your course of action indicates that both parents believed it to be in the children's best interest
No – keep your appointment on Monday. Do not let your wife know of your plans. Your attorney will likely advise you to take the children for the weekend and file for custody while they are in your possession
Remember that if the children have been residing in Rhode Island for the last 6 months that you should retain counsel in rhode island
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