State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-8 > Chapter-8-10 > 8-10-3

SECTION 8-10-3

   § 8-10-3  Establishment of court –Jurisdiction – Seal – Oaths. – (a) There is hereby established a family court, consisting of a chief judge andeleven (11) associate justices, to hear and determine all petitions for divorcefrom the bond of marriage and from bed and board; all motions for allowance,alimony, support and custody of children, allowance of counsel and witnessfees, and other matters arising out of petitions and motions relative to realand personal property in aid thereof, including, but not limited to,partitions, accountings, receiverships, sequestration of assets, resulting andconstructive trust, impressions of trust, and such other equitable mattersarising out of the family relationship, wherein jurisdiction is acquired by thecourt by the filing of petitions for divorce, bed and board and separatemaintenance; all motions for allowance for support and educational costs ofchildren attending high school at the time of their eighteenth (18th) birthdayand up to ninety (90) days after high school graduation, but in no case beyondtheir nineteenth (19th) birthday; enforcement of any order or decree grantingalimony and/or child support, and/or custody and/or visitation of any court ofcompetent jurisdiction of another state; modification of any order or decreegranting alimony and/or custody and/or visitation of any court of competentjurisdiction of another state on the ground that there has been a change ofcircumstances; modification of any order or decree granting child support ofany court of competent jurisdiction of another state provided: (1) the orderhas been registered in Rhode Island for the purposes of modification pursuantto § 15-23.1-611, or (2) Rhode Island issued the order and has continuingexclusive jurisdiction over the parties; antenuptial agreements, propertysettlement agreements and all other contracts between persons, who at the timeof execution of the contracts, were husband and wife or planned to enter intothat relationship; complaints for support of parents and children; thosematters relating to delinquent, wayward, dependent, neglected, or children withdisabilities who by reason of any disability requires special education ortreatment and other related services; to hear and determine all petitions forguardianship of any child who has been placed in the care, custody, and controlof the department for children, youth, and families pursuant to the provisionsof chapter 1 of title 14 and chapter 11 of title 40; adoption of children undereighteen (18) years of age; change of names of children under the age ofeighteen (18) years; paternity of children born out of wedlock and provisionfor the support and disposition of such children or their mothers; childmarriages; those matters referred to the court in accordance with theprovisions of § 14-1-28; those matters relating to adults who shall beinvolved with paternity of children born out of wedlock; responsibility for orcontributing to the delinquency, waywardness, or neglect of children undersixteen (16) years of age; desertion, abandonment, or failure to providesubsistence for any children dependent upon such adults for support; neglect tosend any child to school as required by law; bastardy proceedings and custodyto children in proceedings, whether or not supported by petitions for divorceor separate maintenance or for relief without commencement of divorceproceedings; and appeals of administrative decisions concerning setoff ofincome tax refunds for past due child support in accordance with §§44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entiretyshall not in and of itself preclude the family court from partitioning realestate so held for a period of six (6) months after the entry of final decreeof divorce.

   (b) The family court shall be a court of record and shallhave a seal which shall contain such words and devices as the court shall adopt.

   (c) The judges and clerk of the family court shall have powerto administer oaths and affirmations.

   (d) The family court shall have exclusive initialjurisdiction of all appeals from any administrative agency or board affectingor concerning children under the age of eighteen (18) years and appeals ofadministrative decisions concerning setoff of income tax refunds, lottery setoffs, insurance intercept, and lien enforcement provisions for past due childsupport, in accordance with §§ 44-30.1-5 and 40-6-21, and appeals ofadministrative agency orders of the department of human services to withholdincome under chapter 16 of title 15.

   (e) The family court shall have jurisdiction over those civilmatters relating to the enforcement of laws regulating child care providers andchild placing agencies.

   (f) The family court shall have exclusive jurisdiction ofmatters relating to the revocation or nonrenewal of a license of an obligor dueto noncompliance with a court order of support, in accordance with chapter 11.1of title 15.

   [See § 12-1-15 of the General Laws.]