Child Custody and Child Support

Child Custody

As difficult as it is to separate from your spouse, nothing can be more difficult, and nothing can be more important, than arrangements made that relate to your children. Ideally, parents can work together, even through and after divorce, toward the best interests of their children. Unfortunately, there are often legitimate differences of opinion as to what is best for the children. Worse, the conflicts that lead to the divorce often destroy the trust needed by parents to work together regarding their children, and that conflict can even become centered upon the issues of how, and by whom the children should be raised. When possible, we will assist you in formulating and negotiating custody arrangements that you and the other parent are comfortable with. We will also assist in developing strategies you may employ to deal with your former spouse to improve your communication as it relates to your child. We recognize, however, that in instances where no agreement can be reached, the dispute will have to be resolved by the Court. In these instances, we work closely with the client, and other professionals (teachers, therapists, etc.) familiar with the child and present the most difficult custody cases before the Rhode Island Family Court. We have successfully tried complex custody cases involving, for example, reams of medical, psychiatric and psychological records, or involving sexual abuse.

We have assisted clients in addressing the impact of abuse, addiction, and mental illness on their children and families, and can help you convey to the Court the needs of your child. We have worked with many psychiatrists, psychologists, counselors and other mental health professionals throughout the state of Rhode Island, and will work with those professionals familiar with your child to present a complete picture regarding the issues in your case and to obtain the bests results for your child’s welfare.

Under Rhode Island law, child custody is determined according to the best interests of the child. As a leading Providence child custody lawyer, Timothy Conlon represents both mothers and fathers in issues involving sole custody and joint custody/shared custody of children.

Child Support

Rhode Island family law relies upon guidelines that assist the Courts in calculating child support. In determining the appropriate amount of support, Rhode Island Courts consider the following factors:

• the financial resources, needs, and obligations of both the non-custodial and the custodial parent;
• the physical and emotional conditions and educational needs of the child;
• the earning potential of the parents;
• any other dependents of the parents;
• any other relevant factors.

Our firm has successfully represented clients in Family Law Courts to establish, modify and enforce child support orders throughout the State of Rhode Island. We have represented parents from many states outside of New England responding to child support cases here.

Visitation

Rhode Island law specifies that reasonable visitation should be granted to the non-custodial parent in almost all circumstances. Generally, parents are free to visit with their children at times that are mutually agreed to by both parents. Unfortunately, some parents’ communication is so poor, or animosity so high, that resolving visitation issues is impossible. In other instances, the conduct of one of the parents is so disruptive that limited or supervised visitation is required to protect a child.

The guiding principle of visitation is the best interest of the child. In determining visitation, the court will consider a number of factors, including but not limited to:

The age of the child;

• geographical proximity between the child and the non-custodial parent;
• the work schedules of both parents;
• any special difficulties that require special consideration

We can assist you in negotiating visitation arrangements that work for all parties. In the event that such arrangements cannot be resolved between you and the other parent, we can assist in presenting the facts to the Court, so that the Court is aware of the special circumstances relating to your child.

Once custody and visitation have been established either through agreement or court order, parents may seek court involvement to modify the established arrangement if they cannot agree to a change. In order to support a request for a change, the parent seeking the modification must show a substantial change in circumstances. A custodial parent’s failure to comply with a visitation schedule may result in a change in custody. Courts often give modification requests motivated by the relocation of one parent special consideration.

Child custody, support and visitation issues can be complex and the guidelines difficult to apply. In this area of the law, the result of your case directly depends on the skill of your attorney and the quality of your legal representation. With over 24 years of experience assisting clients and working on behalf of their families, Timothy J. Conlon is a Providence, Rhode Island child custody lawyer and child support lawyer upon whom you can rely to protect your legal rights and those of your children. Contact us today and let us put our knowledge and experience to work for you.