Up until recently if a couple with children divorced, provided the mother was fit to take care of the children, custody almost always went to the mother with the father holding only visitation rights and of course paying child support.
Thankfully, the rights of fathers have started to change and both parents are now looked at as being fit to care and provide for children and their development, whether that parent is their mother or their father.
This of course, could be the result of the increasing number of divorces and work from home dads or stay at home dads or even wives joining the military, which has led to an increase in fathers taking on the role of caregiver rather than breadwinner and provider.
It’s not perfect and there are some areas which still believe mothers should retain custody as the primarily nurturer and caregiver of children even if they can’t provide for the household financially. This means men may still have to fight for the right to have access to and be a part of their children’s rights.
There are some divorces where the fathers rights may not be questioned but if you happen to be in a divorce where you feel there is a good chance your rights are going to be questioned, then it’s time to look up a good family attorney.
A family attorney makes their living in helping to defend the rights of fathers, mothers and children when it comes to the law. They deal only in family matters such as child support, visitation, and custody issues.
There are certain rights which can’t be questioned or taken from you. There may also be rights you’re not even aware of. This is why it is important to have a lawyer assist you if there are any questions or contesting of your fathers rights.
Keep the following things in mind, even though there are more judges looking at fathers as being acceptable parents and primarily custodial holders the majority still automatically side with the mother in most cases.
Make sure to have a list of what you want in regards to time with your child and what you want to be responsible for in regards to caring for your child. There are some rights and responsibilities decided on by the court but the bond and love for your child is something nothing can take away from you.
Divorce is something hard on everyone involved but more so with children. Be sure to let them know you’re going to be a part of their lives just as you have been up until this point and they’re not to be blamed for any of it if custody and rights are contested. It is important for children to know they do not have to choose between their parents.
By: Matt O'Connell
Preparing a Motion in a Rhode Island Divorce is simply a matter of following a general formula of elements that the court and the judge will be looking for so that it can be recognized as a motion, identified with the correct case, notify everyone as to what you are seeking and why and let the court judge know that the opposing party has had property notice.
1. The first element is a basic header. It includes the name of the state, the county, and the court in which the matter is pending. In the family court for Providence Family Court the typical header would appear at the top of your motion and would look like the following:
STATE OF RHODE ISLAND FAMILY COURT
PROVIDENCE, S.C.
Note that the header is in all CAPITAL letters with the state and county flush with the left margin and the name of the court flush with the right hand column. The S.C. after the county name stands for Sheriff’s County. In some instances you may see S.S. or SS. used which is the older colloquialism for Sheriff’s Shire.
2. The second element that appears under the basic header is the case caption. The case caption contains the names of the plaintiff above the name of the defendant as well as the case number assigned by the court. The case caption would appear as follows:
JOHNATHAN SMITH
VS. CASE NO. P08-0086
MARY SMITH
Note that typically the case number is placed from the center typing toward the right margin.
3. The third and simplest element is the title of the motion which is typed in all CAPITAL letters, centered and often underlined. For instance, a motion for modification of child support would appear as follows:
MOTION TO MODIFY CHILD SUPPORT
4. The fourth element of a Rhode Island Divorce or Family Court motion is the body of the motion which includes your request for relief and the basic reason(s) why the relief should be granted. The typical body of this motion may be in standard type and paragraph form as follows:
Now Comes the Plaintiff, Johnathan Smith and moves this Court for an Order modifying his child support obligation in this matter.
In support of this motion the Plaintiff states that there has been a substantial change in circumstances and/or incomes of the parties since the last time the child support obligation was set.
5. The fifth element is the closing of the motion which contains the parties name and either the name, address and telephone number of the party or the party’s attorney. It also contains the hearing date for the motion which would be obtained from the clerk of the judge who would be hearing the motion. It would appear as follows if Johnathan represented himself (Pro Se)
JOHNATHAN SMITH
PRO SE
________________________
Johnathan Smith
15 Mantel Avenue
Coventry, RI 02819
(401) 467-2392
6. The last element is the certification. If this is an initial motion and the case has been either closed or inactive (without a pending court date scheduled) then you will have to create summonses and have your spouse served as required by law. This is a topic beyond this short article posting. However, what I am referring to here is when a case is active and there is a pending court date in the case that you are filing the motion in, then you must provide a certification that tells the court that you served the opposing party by mail (or more appropriately their attorney if they are represented by one). It appears below the closing and looks like the following and must be signed by the person doing the mailing (i.e. making the service):
CERTIFICATION
I certify that on April 15, 2008 I served a copy of this motion by first-class mail upon Mary Smith at 88 Dupont Lane, Providence, RI 02903
_______________________________
For those who must represent themselves in family court it is my hope that this tutorial on motion drafting has been helpful and that the formatting tools used to create this article have not made it appear too disjointed.
By: Christopher Pearsall, Esq.
