Rhode Island Visitation Lawyer

Visitation Rights for Non-Custodial Parents

According to section 15-5-16(d)(1) of the Rhode Island Domestic Relations Code:

(d)(1) In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children...In the event of noncompliance, the noncustodial parent may file a motion for contempt in family court. Upon a finding by the court that its order for visitation has not been complied with, the court shall exercise its discretion in providing a remedy, and define the noncustodial parent's visitation in detail. However, if a second finding of noncompliance by the court is made, the court shall consider this to be grounds for a change of custody to the noncustodial parent.

This means that:

1. The non-custodial parent has a reasonable right to visitation unless there is cause to believe that visitation rights should not be granted per (d)(4) of this statute.
2. If the court finds that the custodial parent is not complying with the visitation orders, the court can provide a remedy at its discretion.
3. If there is a second instance of noncompliance on the part of the custodial parent, the court could even consider this grounds for changing custody over to the non-custodial parent.

Contact us at (401) 351-7700 to speak with our R.I. visitation attorney.

Reasons Visitation Rights Can Be Taken Away

Per (d)(4) of section 15-5-16, certain parents may be denied the right to visitation if they have been convicted or pled nolo contendere to a violation of any of the following or a related sex offense:

• §§ 11-37-2 – First degree sexual assault
• §§ 11-37-4 – Second degree sexual assault
• §§ 11-37-8.1 – First degree child molestation sexual assault

Even if the court learns that a parent has physically or sexually abused their child, they will review the case at least once per year to determine what (if any) steps that parent has taken to rehabilitate him or herself. If the court determines that the necessary rehabilitation has taken place and that visitation would be in the child’s best interests, they may allow it. The court may also require the non-custodial parent who has been denied visitation to take part in counseling.

Visitation & Domestic Violence

According to (g)(1) of this statute, the court will also consider domestic violence as evidence. If domestic violence has been proven, the court will grant custody and visitation agreements that best protect the child from harm by the abusive parent.

Some actions that the court might take in visitation cases that involve domestic violence include:

• Ordering the accused to complete a certified batterer’s intervention program
• Ordering the accused to attend a substance abuse program
• Require a bond (to ensure the child is returned safely)
• Order that the child’s address and phone number be hidden
• Order that the exchange of the child occur in a protected or supervised setting
• Require that the accused not possess or consume any alcohol or controlled substances

Protection for Parents in the Military

The state of Rhode Island protects its military parents from losing their right to visitation or custody purely on the grounds that they are absent for service. If you are currently deployed and therefore cannot reside with or near your children, that alone is insufficient cause to lose your right to custody or visitation.

Understanding the Impact of Visitation Agreements

Visitation agreements play a crucial role in defining the relationship between non-custodial parents and their children. At McIntyre Tate LLP, we believe it's essential for parents to fully understand the implications of these agreements. Not only do they establish a schedule for parental involvement, but they also promote the emotional well-being of the child by ensuring stability and consistency in their lives.

Here are a few key points to consider regarding visitation agreements:

• Flexibility and Modification: Life circumstances can change. A well-drafted visitation agreement allows for modifications to adapt to new situations, ensuring that both parents can maintain a meaningful relationship with their child.
• Enforcement of Rights: Understanding your rights in visitation agreements is vital. Parents have the right to insist on compliance and take action if visitation is being unfairly restricted.
• Impact on Parenting Plans: Visitation rights are often intertwined with custody issues. A comprehensive understanding of your visitation arrangement can facilitate a smoother custody process.
• Child's Best Interests: Taking into account the child’s needs and preferences can enhance the effectiveness of visitation arrangements. Involving professionals can help ensure that these factors are appropriately addressed.

Our experienced RI visitation lawyers at McIntyre Tate LLP are dedicated to guiding you through the intricacies of visitation agreements. We are here to ensure that your rights as a parent are respected while prioritizing the well-being of your child. Schedule a consultation with us to discuss how we can support you in establishing a balanced and fair visitation arrangement.

Why Choose McIntyre Tate LLP for Your Visitation Case?

At McIntyre Tate LLP, our Rhode Island visitation attorneys have decades of experience handling family law cases. We are dedicated to ensuring that parents and children maintain meaningful relationships, even in challenging circumstances.

• Client-Centered Approach: Our Rhode Island visitation lawyers tailor our legal strategies to meet your specific needs.
• Strong Negotiation Skills: We strive to reach amicable agreements, reducing stress and legal costs.
• Courtroom Experience: If litigation is necessary, we provide aggressive representation in court.
• Comprehensive Legal Support: Whether you need to establish, modify, or enforce visitation, we are here to help.

Contact McIntyre Tate LLP to Discuss Your Visitation Case

If you would like to inquire about legal representation for a visitation matter, we invite you to contact an attorney at McIntyre Tate LLP today! Our team of compassionate counselors are here to ensure that you get the most favorable outcome possible. 

Related Readings:

• Visitation vs. Custody: What's the Difference?
• Do Grandparents Have Visitation Rights in Rhode Island
• Why You Shouldn't Withhold Visitation Against Court Orders
• Can Unsupervised Visitation Be Reinstated in Child Custody

Contact us at (401) 351-7700 to speak with our R.I. visitation attorney.

Rhode Island Visitation Rights FAQs

1. Can a parent be denied visitation in Rhode Island?

Yes. If a court determines that visitation would harm the child’s physical or emotional well-being (such as in cases of abuse or neglect), visitation may be restricted or denied.

2. Can I modify a visitation order?

Yes. If circumstances change, such as a parent relocating or a change in the child’s needs, you can request a modification of the visitation schedule through the court.

3. What happens if my ex refuses to follow the visitation schedule?

If the custodial parent interferes with your court-ordered visitation, you can file a motion for visitation enforcement. The court may impose penalties on the non-compliant parent.

4. Can grandparents get visitation rights in Rhode Island?

In certain cases, grandparents may petition for visitation, especially if it is in the best interests of the child. Courts will assess the strength of the grandparent-child relationship before granting rights.

5. Do I need a lawyer for a visitation case?

While not required, having an experienced Rhode Island visitation attorney can significantly improve your chances of securing a fair arrangement and protecting your parental rights.