The Christmas Visitation Feud In RI Family Court
Will a Judge of The Rhode Island Family Court order that a child should wake up and open the Christmas presents every year on Christmas morning at the house where the child resides?
NO.
Almost every judge in Rhode Island Family Court believes that the parties should alternate Christmas evening / Christmas Morning Visitation so that both parents have the opportunity to enjoy the children on Christmas Evening and Christmas morning. The judges have heard the usual arguments a million times before.
The argument is as simple as: “The child should wake up in his or her house every year to open the presents on Christmas morning.”
However, Rhode Island Family Court Judges usually believe that both parents have parental rights and should be able to enjoy the child on such a special day. The parent with physical custody/ physical placement does not automatically get to have the child on Christmas evening and Christmas morning!
If the parties cannot reach a settlement, the judge will normally order the following Schedule. The normal schedule for the Christmas Holiday is that one parent will have Christmas evening until between 11:00am to 2:00pm Christmas day and the other parent will have Christmas day from 11:00am to 2:00pm overnight on Christmas night. The parties will alternate that schedule on a year to year basis.
Emotional arguments typically will not work in RI Family Court. There are hundreds of these disputes before the Rhode Island Family Court in a given year and Judges must be consistent and fair and must respect the parental rights of the non custodial parent (the parent with visitation rights).
(I have the word “visitation” because it suggests that the non custodial parent is a “visitor” in his/her child’s life. I prefer using “Parenting time”)
Don’t expect that your case will be different from the thousands of cases that come before the Family Court on this issue. Don’t waste too much money in Lawyers / Attorneys fees fighting about this issue since everyone knows the question and everyone knows the answer!
There is an argument that is made over and over again in Rhode Island Family Court which essentially opines that “young children” should be able to wake up at their house and open the presents at their house. To the people who make this argument “Their house” means the house of the parent who has physical custody/ physical placement of the minor child.
This doctrine is rejected by most Family Court Judges who see the issue as a matter of fairness to alternate the holiday. However, some judges may look sympathetically on this argument since Christmas is a very special moment for 4, 5, 6.and 7 year old children.
In the event that there is an existing order regarding Christmas visits then the party seeking to alter the visits must show a change in circumstances to change the designated schedule.
Often the best thing to do is negotiate. Judges will often ask the aprties to attempt mediation to resolve their holiday visitation disputes. If Christmas morning is so important to you what are you willing to give up in order to get the other side to back off? Perhaps an extra week in the summer? More time on thanksgiving or some other concession? Rhode Island Family Court is all about negotiation which often involves making concessions.
About the Author
David Slepkow is a Rhode Island Divorce Attorney concentrating in Divorce, Family Law, Restraining Orders, DCYF, Adoptions, Paternity, Post Divorce, Relocation, Child Support, Custody and Visitation. David Slepkow has been practicing Law Since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial consultations. Credit Cards Accepted. Evening Appointments available. You can contact RI Attorney David Slepkow by going to Rhode Island Family Law Lawyer or by calling him at 401-437-1100.
Christmas Island crabs
|
|
Cocktail Parasol Drink Umbrellas -Box of 144- Tropical Style $2.00 This box of 144 is fantastic for luaus or just to keep for a home bar…. |
|
|
Florida Marketplace 16âpc. Palm Tree Dinnerware $38.49 A dinnerware set that features a palm tree design is perfect for everyday use! This 16 piece set palm tree dinnerware collection includes four dinner plates, four salad plates, four bowls & four mugs. Dinnerware set is dishwasher safe…. |
|
|
Wilton Merry Mermaid / Ariel? / Cake Pan (2105-6710, 1993) $25.00 The contouring of the pan outlines the form and provides a generous backing to hold the cake. Crafted of quality aluminum, this bakeware heats evenly and keeps interiors moist while allowing surfaces to gently brown. Lightweight yet durable, it also retains its shape and transfers detailing clearly to the food surface. When the party is over, the pan cleans easily so there’s less time spent in the… |
|
|
My World 2.0 $5.19 Teen Island star Justin Bieber’s newest single, “Baby” featuring Ludacris is the newest single from his forthcoming album, MY WORLD 2.0. Justin just appeared at the 52nd annual Grammy Awards telecast on CBS-TV and joined fellow Def Jam artist Rihanna and an all-star cast of NFL players at the Pepsi Super Bowl Fan Jam LIVE concert in South Beach televised on VH1. MY WORLD (released November 17t… |
|
|
Rush $2.45 All products are BRAND NEW and factory sealed. Fast shipping and 100% Satisfaction Guaranteed…. |
|
|
And Winter Came $5.49 ENYA AND WINTER CAME… |
|
|
Giani Granite FG-GI CH BR KIT Sicilian Granite Paint Kit For Countertops, Chocolate Brown $65.00 … |
|
|
Tropical Tiki Island Palm Tree Ceiling Fan Light Chain Pull $6.88 Tropical Tiki Island Palm Tree Fan Light Chain Pull… |
|
|
Rudoph Bumble Mini Lava Lamp Night Light $16.99 Rudolph Abominable Snow Monster night light is 8″ tall. Plug the night light in and the glitter in the tree flows. rudolph bumble night light… |
|
|
Rikki Knight Sailboat on Paradise Island Mouse Pad Mousepad – Ideal Gift for all occassions! $12.99 The Sailboat on Paradise Island Mouse Pad has neoprene backing to ensure non-slip and easy of use. The image is vibrant and will not fade or discolor with use… |
|
|
Jimmy Buffett – Christmas Island $4.69 Disc 1:Christmas IslandJingle BellsSailor`s Christmas, AHappy Xmas (War Is Over)Up on the House TopMele KalikimakaRun Rudolph RunHo Ho Ho and a Bottle of RhumI`ll Be Home for ChristmasMer… |
|
|
Santa Paws on Christmas Island $4.94 When the Callahans and their dog, Santa Paws, spend Christmas on a Florida island, Santa Paws continues his rescue work as the family tries to enjoy their vacation. |
