Looking for some advice on what the best option for a single father is when the mother is not allowing any contact or visitation. He’s only 4 years old and has not seen his father in almost a year. The mother blocked all phone numbers (father and fathers parents) and claims to not have a phone anymore, which is known to not be true. There is no custody issues or anything. What action should a father take to gain visitation?
The father needs to retain an attorney to establish his rights to the child or to enforce the rights the court has already ordered.
Please have him contact me, or one of the other RI Family Court attorneys here on Avvo to discuss this.
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I agree with Attorney DeLuca. Where biological mother is making such calculated efforts to thwart the relationship, see a family court lawyer who may apply to the court for relief.
At the very least, document, document, document father's efforts to maintain, and mother's efforts to hinder, relationship.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. LawyersCollaborative and its Staff General Counsel are licensed to practice law only in the State of Rhode Island and responses are based solely on RI law and/or common law unless stated otherwise.
From the wording of the question it appears as though no formal order is in place for visitation. If that is true, then father should file a motion in family court in order to establish such. If an order is already in place and mother is not following it, then you should file a motion to adjudge mother in contempt of the order. Any competent family court attorney can guide you through the process.
The court WILL protect the rights of a parent. Sometimes "DO SOMETHING" is the very basic answer. Retain a lawyer who will bring your claims before the court. DO NOT be paralyzed by WHAT ABOUTS and WHAT IFS. Begin.
Begin means hire a lawyer who will bring your claims before the court.
If you don't feel ready, your attorney will guide you. You won;t be alone and the attorney will propel your case forward.
The cost is reasonable and on par with say, Dental work, or Auto body repair. Make an arrangement you can afford and honor it.
We are always ready to serve. Best of luck.
General Eisenhower once said something to the effect that the military genius sometimes is the person who just does something while others do nothing. So applying that I would say again, hire and attorney and begin. If you cannot afford an attorney call the RI Bar Association and they can make some suggestions.
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