Rhode Island Complaint for Divorce (Adult Children)
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FAQ
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Rhode Island is a no fault state. Is property divided 50 /50 in a divorce? Property, assets and debts are not divided 50/50 in all divorces in Rhode Island. The vast majority of divorces in Rhode Island result in an equal split of the marital assets.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
The grounds for divorce in Rhode Island are Irreconcilable Differences, Living Separate and Apart Without Cohabitation For Three Years, Impotency, Adultery, Extreme Cruelty, Willful Desertion For Five Years (or at the discretion of the court) , Habitual Drunkenness, Habitual Drug Use, Neglect and Refusal of Support (
Children are only allowed to choose which parent to live with after they have attained the age of majority at 18. Child custody laws in Alaska do allow judges to take a child's preferences into account as one factor in their determinations, but only when considered in conjunction with many other factors.
If you file for divorce, you are the plaintiff (or petitioner) in your divorce proceedings. Your spouse is the defendant (or respondent). By filing first, you have the advantage of getting all your ducks in a row before you file. The defendant, on the other hand, has 30 days to respond to the complaint.
Can younger children decide where they want to live? Children ages 11, 12, 13 & 14 may also be given significant influence over Rhode Island Child Custody, Visitation and Relocation cases.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.