Family Law

Do you have visitation enforcement issues that you need to bring before the Rhode Island Family Court? 

You may have more difficulty than you anticipate.  Although it is great to be optimistic and to think that all parents will be given the benefit of the doubt when it comes to visitation with their children.  That is not necessarily so.

What most people do when they haven't hired a family law attorney to assist them is to file a poorly worded motion, show up alone to court, and then just try to blurt out to the court how the other parent is denying you visitation.

Here's the difficulty that arises.  Not everyone tells the court the truth.  Yes, surprising isn't it?!  In fact, there are a good number of people who could care less about the truth if it isn't going to serve there purposes or if it is going to get them in trouble with the court.  It is regrettable but a good many people lie on the witness stand and take their chances that their lie isn't discovered.

So what might the result be?  The parent who has denied you visitation might lie to the judge on the witness stand, might deny that you were prevented from having visitation, might even fabricate a story that you have been rejecting visitation or doing drugs around the child.  Don't believe me?  You are more than welcome to pull some transcripts of cases from the stenographers and I'll be happy to provide the case names.

So what must you do to protect yourself when enforcing your visitation rights?

1.  Stick to the Point - Don't let the other parent push your buttons or steer you into issues other than the one you came before the court to address.

2.  Dress Respectfully - Dress respectfully for the court.  Avoid jeans, shorts, t-shirts, etc...  It is best to wear at least casual dressware.  Men should wear a tie if possible and remove any earrings, nose rings, tongue rings, etc.  Remember, you want the court to believe you when you speak.

3.  Speak Normally - Speak at a normal tone, volume and pace when addressing the court.  If accusations are made, do not raise your voice.  Remain calm and stick to the issue.

4.  Evidence - Have video, audio, documentary or witness evidence to back up your claims that you were denied visitation with your child(ren).  Do not trust to luck that the judge will find you more believable than the child's mother.  With today's technology it is easy to have a friend or family member go with you and take a video camera to tape the denial of the release of the child for visitation.  The camcorder could note the date and time and the address could be noted by taping the mailbox. 

Another way to get evidence is to bring an audio recorder with you and tape the conversation between you and the other parent when the visitation is denied.  Telephone call records can be helpful if they track local calls.  They could show the time and date of calls you made to the other parent asking for visitation with the child.

The more evidence you have that can be verified that is consistent with the testimony you give the court, the more likely you are to obtain the relief you are seeking from the court.  For the parent who is very serious about his or her visitation with their child, you will be creative and innovative in the information you can obtain.

If you are able to have a witness present on one or more occasions when you were supposed to receive visitation and the witness can be present to testify then ask your witness to dress appropriately, etc...  just as you have learned in this article and your credibility score with the court will double.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.