Family Law Frequently Asked Questions

It depends. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) provides for “emergency” jurisdiction in the state in which the child is physically present, in appropriate circumstances. You should consult with an attorney in your state or the state in which the child is present to determine whether there is an “emergency” as that term is used by the UCCJEA. Other than an emergency, cases are properly brought in the state that is considered the child’s “home” state, which is generally the state where the child has resided for the last six months. Exceptions to this general statement could apply if a different court has already issued a custody order, or if the child has been “wrongfully removed” as that term is used in the UCCJEA.

Here is an overview that may help. Our legal system has multiple points of access, and entirely separate venues or contexts in which issues relating to children arise and are handled. Each court is separate, and even a case on the “DCYF calendar” in Rhode Island family court is not the same “case” as a divorce case heard before a separate family court judge dealing with custody and visitation in the same family. Think of multiple chess boards, with the same pieces sometimes moving their conflict from one board to the other. The results on one board may have a dramatic impact on the results of the other. Certain issues can only be addressed in one forum. Finally, the rules are different in different contexts. Without getting into too much detail, “the system” can be conceived of as having an administrative level at the “bottom,” which is the state child-care agency, called the Department for Children, Youth and Their Families (DCYF). Complaints regarding abuse or neglect of children by caretakers are investigated by DCYF. The Department can “indicate” or “unfound” a complaint, and provide services without court intervention. A person aggrieved by departmental action can appeal, first, within the agency and then to the courts. Not all cases end at the administrative level. The courts can be involved in several ways. First, the state can file abuse or neglect charges that are non-criminal in nature. These go to the family court, and are intended to assist and protect the child, preserving the family if possible. The state can also file criminal charges, which are usually brought in the most serious cases, and always by the police. Parents can bring actions on their own behalf, or on behalf of their child, to protect the child from abuse. If the parent is bringing such an action on behalf of the child, the child through the parent is the plaintiff, and child is requesting a restraining order. These are emergency proceedings that are not intended to short-circuit traditional parent v. parent litigation. Most custody and visitation issues, and many issues relating to treatment or mistreatment of children, are litigated in the context of parent v. parent litigation. If the parents have not been married, those cases are heard in Rhode Island on a “miscellaneous petition.” If the parents are married, either parent can file a divorce, or one of several kinds of complaints or petitions for relief without the filing of divorce. If a divorce has already been granted, and a change in circumstances has occurred, the parent can bring a “post-final judgment” complaint to modify. Not to be too confusing about it, but in any of the parent v. parent cases, the court can issue a restraining order under appropriate circumstances.

If you choose to contact us, we will discuss the likely range of costs for your case at your initial consultation. It will not cost you more than the fee for the initial consultation to get a basic understanding of your rights and your options, and the nature of the work that is involved. If you cannot afford an attorney, there may be a number of options available to you. Juveniles are entitled to representation on allegations of waywardness or delinquency in the family court under a variety of circumstances, and the court will appoint counsel or refer you for an eligibility determination upon request. Adults with family law problems can contact the Rhode Island Bar Association’s Volunteer Lawyer Program. If your case involves child support collection, you can pay the state $20 and they will collect the support for you.