Text of RI H 7081 (2008)

2008 -- H 7081 ======= LC00100 ======= S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2008 ____________ A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- FAMILY COURT Introduced By: Representatives Gemma, Ajello, Handy, Scott, and Segal Date Introduced: January 09, 2008 Referred To: House Judiciary It is enacted by the General Assembly as follows: SECTION 1. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court" 1 is hereby amended to read as follows: 2 8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths. -- (a) There is hereby 3 established a family court, consisting of a chief judge and eleven (11) associate justices, to hear 4 and determine all petitions for divorce from the bond of marriage and from bed and board 5 regardless of whether or not that particular marriage is recognized in this state. Any marriage 6 recognized in any state of the United States or possession of the United States is eligible for a 7 divorce proceeding in this state so long as the parties meet the jurisdiction requirements; all 8 motions for allowance, alimony, support and custody of children, allowance of counsel and 9 witness fees, and other matters arising out of petitions and motions relative to real and personal 10 property in aid thereof, including, but not limited to, partitions, accountings, receiverships, 11 sequestration of assets, resulting and constructive trust, impressions of trust, and such other 12 equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the 13 court by the filing of petitions for divorce, bed and board and separate maintenance; all motions 14 for allowance for support and educational costs of children attending high school at the time of 15 their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no 16 case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting 17 alimony and/or child support, and/or custody and/or visitation of any court of competent 18 jurisdiction of another state; modification of any order or decree granting alimony and/or custody 19 2 and/or visitation of any court of competent jurisdiction of another state on the ground that there 1 has been a change of circumstances; modification of any order or decree granting child support of 2 any court of competent jurisdiction of another state provided: (1) the order has been registered in 3 Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode 4 Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial 5 agreements, property settlement agreements and all other contracts between persons, who at the 6 time of execution of the contracts, were husband and wife or planned to enter into that 7 relationship; complaints for support of parents and children; those matters relating to delinquent, 8 wayward, dependent, neglected, or children with disabilities who by reason of any disability 9 requires special education or treatment and other related services; to hear and determine all 10 petitions for guardianship of any child who has been placed in the care, custody, and control of 11 the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 12 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names 13 of children under the age of eighteen (18) years; paternity of children born out of wedlock and 14 provision for the support and disposition of such children or their mothers; child marriages; those 15 matters referred to the court in accordance with the provisions of section 14-1-28; those matters 16 relating to adults who shall be involved with paternity of children born out of wedlock; 17 responsibility for or contributing to the delinquency, waywardness, or neglect of children under 18 sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any 19 children dependent upon such adults for support; neglect to send any child to school as required 20 by law; bastardy proceedings and custody to children in proceedings, whether or not supported by 21 petitions for divorce or separate maintenance or for relief without commencement of divorce 22 proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for 23 past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real 24 estate as tenants by the entirety shall not in and of itself preclude the family court from 25 partitioning real estate so held for a period of six (6) months after the entry of final decree of 26 divorce. 27 (b) The family court shall be a court of record and shall have a seal which shall contain 28 such words and devices as the court shall adopt. 29 (c) The judges and clerk of the family court shall have power to administer oaths and 30 affirmations. 31 (d) The family court shall have exclusive initial jurisdiction of all appeals from any 32 administrative agency or board affecting or concerning children under the age of eighteen (18) 33 years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set 34 3 offs, insurance intercept, and lien enforcement provisions for past due child support, in 1 accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of 2 the department of human services to withhold income under chapter 16 of title 15. 3 (e) The family court shall have jurisdiction over those civil matters relating to the 4 enforcement of laws regulating child care providers and child placing agencies. 5 (f) The family court shall have exclusive jurisdiction of matters relating to the revocation 6 or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in 7 accordance with chapter 11.1 of title 15. 8 [See section 12-1-15 of the General Laws.] 9 SECTION 2. This act shall take effect upon passage. 10 ======= LC00100 ======= 4 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- FAMILY COURT *** This act would allow for a divorce proceeding to occur in Rhode Island even if the 1 marriage is not a recognized marriage in this state, but is in any other state or United States 2 possession. 3 This act would take effect upon passage. 4 ======= LC00100 =======