Skip to main content
Carl P DeLuca
Avvo
Pro

Carl DeLuca’s Answers

526 total


  • Can I get my ex-wife's parental rights terminated?

    My ex - wife and I decided in September 2013. We have joint custody of our two children, but I have placement. She was only given scheduled visitation with the stipulation that the children can't be around her boyfriend. She was also ordered to...

    Carl’s Answer

    You can get a termination of parental rights based on lack of support and contact IF you have a new spouse that will adopt the children in her place. It is also possible that a grandparent may adopt the child in the place of the terminated mother. However, a private individual can not terminate another parents parental rights without an adoption taking place, as well.

    The below case is a decision I received in the RI Supreme Court on this very issue:

    http://caselaw.findlaw.com/ri-supreme-court/1142361.html

    See question 
  • Can my 16yr old daughter's daughter's mom keep my grandson from me. If not how can i go about seeing him and my daughter.

    My 16yr old daughter had gotten pregnant and now her mom wants to keep my daughter and grandson from me. Is she allowed to do that. Is there anything i can do to see both my daughter and grandson.

    Carl’s Answer

    I presume that you are estranged from the mother and do not have an existing order that applies to visitation with your daughter? If you do have an existing order that allows visitation, you would need to obtain an order adjudging the mother in contempt. If you don't have an order regarding visitation, you need to get one.

    Consult one or more of us here on Avvo to discuss your options.

    See question 
  • My girlfriend got arrested with passenger he had drugs on him so they let her go no charges but dcyf took her daughter why ?

    Clean bci, very good job, lives in duplex. .how come dcyf took her daughter? ? What can she do to get daughter back faster? Thanks

    Carl’s Answer

    No one can properly answer that question without more facts. Was her daughter with her when the arrest occurred? Was her daughter present at a drug purchase? These are the questions that need to be answered but they need to be answered by your girlfriend in a confidential conversation with an attorney.

    See question 
  • Step Mom and biological father are threatening to change locks and throw my things out to kick me out?

    What are the rights I have as someone who has been living in this home?

    Carl’s Answer

    Well if you're a minor they have an obligation to house and support you. If you are not they can ultimately remove you, though depending on the facts and the circumstances they may have to go through the eviction process.

    See question 
  • I would like to sue the state of R.I..for negligence and faults imprisonment...

    Dean allen pero 1-31-70

    Carl’s Answer

    Use the Avvo attorney finder and consult directly with one or more of us.

    Please don't post any details about your case.

    See question 
  • My ex boyfriend had me take out loans under my name because he did not have credit at the time.

    Its been 4 years and i finally tracked him down. is it still possible to sue him in order to pay back the loans or at least for most of them?

    Carl’s Answer

    Yes. Under most circumstances you would have 10 years to bring a suit to enforce a contractual agreement. However, there are factors that need to be considered and it may be best to speak with an attorney.

    See question 
  • We believe that we are being sued for a false injury claim and want to know if there is any recourse such as a countersuit?

    The person suing actually caused the accident. The police report is a he said/she said narrative with no witnesses and no injuries. There was no ambulances called. The "injured" person was offered a ride home and opted to walk. Found "injured" ...

    Carl’s Answer

    You can certainly sue for damages. Contact one or more of us here on Avvo to discuss the facts of your case and your options.

    See question 
  • What can I do to better myself and my daughter from my ex.???

    I removed myself and my 5 month old daughter from a verbally abusive, neglectful relationship (drugs and alcohol were also involved) we were engaged (good thing I broke off the wedding!!) I know what I did was for the best. He doesn't want anythin...

    Carl’s Answer

    You cannot terminate his parental rights as an individual. However, you can get sole custody and a limitation of visitation if the circumstances warrant it. The state can terminate his parental rights for cause, but the only way a parent can do it is if you do an adoption with it. The State won't let the father off the hook for his financial obligations unless someone takes his place through adoption. Believe it or not, in RI, the person can that takes his place can be a new spouse or even one of the child's grandparents.

    See question 
  • I was just accused of scratching a hotel pool floor with rocks .. I did not use rocks or throw rocks in there pool ..

    The owner threatened me with the police and getting arrested in front of my children .. Told me I had 10 mins to leave the property I explained to him I did not have a vehicle to transport myself and children whose ages are 6,4 & 1 .. He told me t...

    Carl’s Answer

    I am sorry for your unfortunate experience. I think even if you successfully brought a claim against the hotel, you would not recover much and the damages your received would probably not justify the time and cost of bringing the suit.

    On the other hand, we are in the era of the Internet review and if you were to go online and publish a true, but negative, review you might receive some satisfaction and/or compensation from the hotel. Just be sure not to say anything that was untrue and could be considered to be defamatory.

    See question 
  • What do I do if I have a feeling my ex wife is taking my sons adderall and not giving it to him?

    My son was diagnosed with ADHD and was receiving adderall from the doctor, I went to the doctors office after he told me he hasn't had it in months. The doctor told me she hasn't been to an appointment in 2 years and has continuously called to ref...

    Carl’s Answer

    It would help if you had objective proof. Ask the doctor if it can be detected in the blood. If so, have your son's blood tested. If it doesn't show up in his blood contact an attorney to file an emergency motion. You may want to have an attorney retained already so you can move quickly.

    You can contact one or more of us here on Avvo for a consultation.

    See question