A Noncustodial Parent’s Guide to Child Visitation in Rhode Island

Noncustodial Parents Have the Right to See Their Kids

Kirshenbaum & Kirshenbaum family law attorneys help parents maintain close parent-child relationships when marriages end. Our Warwick divorce attorneys understand that becoming a noncustodial parent changes your day-to-day routine with your children, but we are here to help you get the time you need with your kids to continue to build a strong bond and enjoy one another. Contact our office today to schedule your initial consultation with a Rhode Island divorce lawyer.

Rhode Island family law recognizes the importance of maintaining a strong relationship between children and both parents, even if they no longer live together. The court encourages arrangements that prioritize the best interests of the child. Accordingly, noncustodial parents have legal rights to visitation, allowing them to spend quality time with their children unless the court finds that visitation is not in the child's best interest.

How Rhode Island Courts Decide Child Visitation Time

Generally, non-custodial parents may work weekly visitation times, holiday time, school break time, and special occasions into their agreement. Your attorney can advocate for your parental rights and help negotiate a fair and reasonable visitation arrangement that works for your child.

In limited circumstances, a court may deny visitation. For example, the court may deny your request for visitation if you physically or sexually abused the child or if the child was conceived because you sexually assaulted the child's other parent. If the court denies your visitation request for one of these reasons, the court may require you to participate in counseling and must review your case at least once a year to decide whether it is still in your child's best interest to deny your visitation request.

Can My Child Refuse to See Me?

It's not uncommon for children to express reluctance or resistance to spending time with the noncustodial parent, especially during or after a divorce. However, Rhode Island law emphasizes the significance of both parents' involvement in a child's life. While the court may consider a child's preferences, it ultimately makes decisions based on the child's best interests.

If a child refuses visitation, the court may investigate the reasons behind their reluctance. It's crucial to approach such situations delicately and consult your family law attorney to determine the best course of action. Sometimes, counseling or mediation may be recommended to address underlying issues and facilitate a smoother transition for the child.

What Happens if the Custodial Parent Doesn't Cooperate?

Cooperation between custodial and noncustodial parents is essential for successful visitation arrangements. However, disputes may arise, and custodial parents may not always comply with the agreed-upon visitation schedule. In such cases, legal intervention may be necessary.

Your Rhode Island divorce lawyer can take appropriate legal steps to enforce your visitation rights. This may involve filing a motion with the court, requesting enforcement measures, and seeking remedies for any denial or interference with visitation. A proactive and experienced attorney can guide you through the legal process, ensuring your rights are protected.

How Child Visitation Can Be Ended or Modified

Life is dynamic, and circumstances may change over time. Visitation orders can be modified to accommodate evolving situations, such as changes in work schedules, relocations, or the child's changing needs. Similarly, the court may consider modifying or terminating physical custody or visitation rights if there are concerns about the child's safety or well-being.

Working with a knowledgeable attorney who can navigate the legal process effectively if you need to initiate changes to your visitation agreement is essential. Whether seeking to modify visitation terms or address concerns about the custodial parent's behavior, your attorney will guide you through the necessary steps, presenting a compelling case to the court.

How a Rhode Island Divorce Lawyer Can Help

Navigating child visitation matters requires a nuanced understanding of Rhode Island family law. Our experienced Rhode Island divorce lawyers are committed to assisting noncustodial parents in securing and maintaining meaningful relationships with their children. We offer comprehensive legal guidance, advocating for your rights and working towards fair and practical visitation arrangements.

If you are facing challenges related to child visitation, we encourage you to reach out for a consultation. Our team understands the complexities of family law and is dedicated to providing the support and representation you need during this challenging time.