Legal Question in Family Law in Rhode Island

I'm thinking about something my ex-wife had told me about a year ago... she stated " why don't you give up your parental rights, so her new husband can adopt them" I went to court in RI to get my visitations as per court ordered which they have not been followed and the Judge states that thier older now and don't want to "hang out" with thier father.. but my ex-wife has told the kids I'm dead that I don't love them and has tainted them in them thinking I'm so sort of monster, and this all just blew up... we have beed divorsed for over 10 years now and she's still with the guy that cause the marital breakdown. They have a child now around 8 or 9 and my children are 14 (daughter) and 13 (son), they have know intrest in coming to see me at all and I'm wondering should I give up this fight?!?!? I can't afford a lawer and she haas one... If I wasn't re-married I couldn't survive on my own with what I pay and what I make. If in fack I gave up my rights and her husband addopted them am I still financialy responcible?

Signed,

Confused & hurt in Massachusetts


Asked on 5/26/10, 9:11 am

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

If the step-father adopts the children then you are no longer responsible to pay child support. However, your question is deeper than this. You ask if you should give up this fight? That is a personal decision that you must make and not necessarily a legal decision. Child support and visitation are separate and distinct from one another. You don't pay child support in order to get visitations with your children and a non-payment of child support likewise does not entitle a parent to deprive you of visitation rights. There is too much information missing here to help you. If the children do not want to "hang out" with their father then clearly they must know that you are alive. Under what circumstances did the judge determine that the children didn't want to hang out with you. Did the judge speak with the children? Was a motion to consider the preference of the minor children filed? This seems a bit young for the judge to give such strong credence to what they have said (assuming he has heard this from them directly as opposed to your ex-wife's attorney.

Fill in a few blanks and I might be able to help you further. Imagine that the person you are speaking to knows nothing about what is going on. Would he or she follow what you are saying? This will help you provide the missing information. I will look for your revised question.

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Answered on 5/28/10, 5:15 pm


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