| Top 8 arguments that typically do not work in | | | | they live on Christmas morning. |
| Family Court in Rhode Island (RI). I also seriously | | | | #3. Even though the drug test was negative, he |
| doubt that they work anywhere else! Article by a | | | | must have taken supplements or drank a lot of |
| Rhode Island divorce and family law lawyer. This | | | | water because he is still using drugs. |
| article applies to all family law cases including | | | | This argument typically does not work. The |
| divorce, child custody, child visitation and paternity | | | | Rhode Island Family Court has a drug testing |
| cases | | | | facility. The judges believe that the testing |
| #1. If I allow him visitation, he is going to kidnap | | | | procedure at that facility is accurate and |
| my children. | | | | therefore must rely on it. |
| This argument typically does not work because | | | | This argument is usually based on rank speculation. |
| the judges have heard it a million times before. | | | | Unless a person has actual evidence that the |
| This argument is based on rank speculation. If the | | | | person is cheating the drug test than this |
| judge did not allow visitation solely based on an | | | | argument will usually fall on deaf ears. |
| unsubstantiated allegation of hypothetical child | | | | #4. He doesn't even know how to change a |
| kidnapping then it would be too easy to deprive a | | | | diaper. |
| person of visitation. Furthermore, courts cannot | | | | The judges figure that he will figure it out. Every |
| issue orders based on hypotheticals. All that the | | | | new parent must learn how to change diapers. |
| court can do is issue an order. | | | | #5. He is seeking visits to get back at me, he |
| The Rhode Island Family court is usually willing to | | | | does not really want visitation. |
| issue an order that the party cannot permanently | | | | This usually cannot be proved and frankly the |
| remove the minor child from the state of Rhode | | | | judges are sick and tired of this argument. |
| Island. In some instances the court will issue a | | | | #6. I just use drugs occasionally and its only |
| restraining order against out of state travel for | | | | marijuana. |
| significant periods of time without prior consent. | | | | Drug are drugs to family Court Judges! Any Illegal |
| If there is evidence that the person may take off | | | | drug use is grounds for taking the children from |
| with the children then this argument might be | | | | the parent with physical custody and placing them |
| taken seriously. | | | | with the other parent. Drug use could also lead |
| #2. The child is so young that the child needs to | | | | the Court to order that all future visitation with |
| wake up in my house Christmas morning to open | | | | the minor children be supervised visits. |
| the Christmas presents. | | | | #7. The only reason he wants visitation is so his |
| This argument typically does not work because | | | | parents can visit with the children |
| the judges have heard it a million times before. | | | | Unless you can prove that he does not spend |
| This is an argument based on emotion. Judges | | | | time with the children and his parents spend all the |
| typically believe that the parents should alternate | | | | time with them during visits then this argument |
| Christmas visitation. However some judges may | | | | will not work! |
| be sympathetic to a very young child between | | | | #8. He has not paid his child support so he should |
| the ages of 3-7 waking up at the house where | | | | not have visitation with the child! |