Visitation Rights

The Rhode Island laws specific to reasonable visitation by a non-custodial parent states that parents are free to visit with their children at times that are mutually agreed to. Parental animosity is often so high that resolving visitation issues becomes impossible and legal action is required. For visitation, the court considers the child's age, parents' work schedule, geographic proximity, and any other factors that would require special consideration.

"Issues commonly come up after the divorce when a custodial parent prevents the non-custodial parent from having the visitation rights that are in the agreement."

If your visitation schedule is not being followed, a skilled attorney with family court experience is needed to protect your legal rights, and the rights of your children. We assist in the negotiation of visitation schedules that work for your children and for both parties.

If court involvement is required, a modification of a visitation schedule can be requested. The parent seeking the modification has the burden of proof to show that substantial changes in circumstances have occurred.

The typical “court-ordered” visitation schedule would normally include every other weekend, and one or two nights per week. Included in this would be holiday times, with parents alternating holidays. Every situation is different, but that is pretty much the norm that the court would order if the parties don't come up with one on their own.

Things that should always be in your visitation schedule are a residential schedule (where the child sleeps), how they get to and from school on each particular day, a holiday and vacation schedule, as well as reasonable electronic and telephone contact.

With the “best interest of the child” being the state-mandated guidelines, always think about how the schedule affects your kids. Each child and co-parent situation is different, and all these things are taken into consideration.

Upon request, when parental options and attempts at resolution have been taken, the court will create the schedule for you.

These are complex issues, with guidelines that need to be properly understood and applied. As with all family law matters, the quality of your legal team and their level of knowledge of this particular area of the law is critical to gain a positive outcome for you and your children. Moretti Perlow & Bonin has decades of experience in all aspects of family law matters. Call us for a free no-obligation consultation to determine the possible remedies to your visitation issues.