By Attorney Christopher Heberg – It is imperative that pre-existing Court orders, relative to Custody, Visitation and Placement are complied with during the Covid-19 pandemic. You can be quite confident that the courts are already keen to people who will try to use the current crisis as an excuse to deny visits. Personally, I’ve already…
Attorney Heberg was interviewed by WPRI News regarding child custody and co-parenting challenges during the coronavirus pandemic. Read on to learn how Rhode Island judges may handle parenting cases when one parent denies access without a palpable reason during the coronavirus crisis. Lawyer: Judge will ‘come down hard’ on parents denying shared custody during pandemic…
The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year for divorced and separated persons. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit…
Rhode Island marriages end for a variety of reasons. From financial to work-related or even stress-related reasons, many marriages all over the country end in divorce. No matter the reason, divorce proceedings can range from amicable to hostile. A number of circumstances may add additional stress to the divorce process; particularly, marriages that end due…
Courts primarily base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Factors vary from state to state, but the overall goal is to make a decision that promotes the health and wellbeing of the child. IN Rhode Island, the Court considers about 9 different factors in accordance…
In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the…
My client came to me after the mother of his 8 year old daughter suddenly moved with the child to Worcester, without an order of the Court or his agreement. He had already been awarded Joint Custody of his daughter by previous Court Decree. We initially tried to make the mother return the child to…
As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might…
Absolutely, unequivocally no. While it remains a common belief that courts favor, or are even biased for mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of…
Unfortunately, a spouse often will rely upon false allegations during child custody and divorce to gain advantage in the proceedings. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and…
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