subject: Rhode Island Divorce: Overnight Visitors of The Opposite Sex when Children Are Home [print this page] Article by Rhode Island Divorce Lawyer David Slepkow 401-437-1100
Here are is a bright line general rule in this confusing minefield:
When the Rhode Island divorce is pending and final judgment of divorce has not entered, almost all RI Family Court Judges will restrain overnight visitors of the opposite sex when the children are home. In addition, most judges will restrain an introduction to a new boyfriend/ girlfriend while the divorce is pending. Rhode Island Judges take the position that it is not in the best interest of the children for a person to introduce a child to a romantic partner when a divorce is pending. All the standard excuses will not work in Rhode Island Family Court. The Judges have heard it a million times before.
After Divorce in Rhode Island can a person have an unrelated overnight visitor of the opposite sex when the children are home?
One judge takes the firm position that no there are no unmarried / unrelated visitors of the opposite sex when the children are home. Most judges are not diametrically opposed to overnights after divorce or when the parents were never married unless it can be proved that it is not in the best interest of the child to allow such visitors. Judges tend to have different opinions on this matter.
If the Boyfriend or Girlfriend has a drug or alcohol problem or a serious criminal history then the judge may restrain the person from overnights when the children are home. There could be a Myriad of other reason that could cause a judge to issue a restraining order such as domestic abuse / violence history, child abuse and conflicts between the child /children and the boyfriend and girlfriend. The judge has to look at the best interest of the child in making this determination.
Rhode Island Divorce: Overnight Visitors of The Opposite Sex when Children Are Home