Supreme Court
Family Case Summaries 2017
2017-380 In re Mandy M. (show cause)
The respondent biological father appeals from a decree terminating his parental rights to his daughter. He maintains that the decree should be vacated because he was denied the effective assistance of counsel and the trial judge erred in finding that there was sufficient evidence to support a finding of parental unfitness.
2017-83 Nadine Evans v. Matthew Evans (show cause)
The defendant appeals from a Family Court order that denied his motion for credit against child support for social security disability insurance (SSDI) dependency benefits paid to the plaintiff, as the representative of their child. The defendant argues that the Family Court was required to give him a credit on his child support obligation based on the amount the plaintiff received from SSDI for their child. The defendant also points out that there was no child support work sheet in this case as required.
2017-336 Cody-Allen Zab v. Katherine Zab (show cause)
The plaintiff appeals pro se from a Family Court order denying his motion to expunge/seal the record of his prior marriage. The plaintiff contends that the Family Court should have expunged the records of his prior marriage because his marriage was invalid under the civil death statute (Rhode Island General Laws § 13-6-1. The plaintiff asserts that the Family Court judge misinterpreted the civil death statute in deciding that the plaintiff had a valid marriage when he filed his complaint for divorce in 2013.
2017-168 In re Izabella G. (show cause)
The respondent- father appeals from a Family Court decree terminating his parental rights to his daughter. He contends that the Family Court judge erred both in permitting a witness to provide expert testimony and in permitting the witness to testify about his daughter’s letters and also in admitting one of his daughter’s letters into evidence. Further, he argues that the hearing judge erred in taking judicial notice of DCYF form 188.
2017-321 In re Sophia M. (show cause)
The respondent-mother appeals from a Family Court decree finding her daughter to be neglected and abused as to her. The child had bruises that were consistent with physical abuse, according to the treating physician. The judge found the parents’ testimony about how the injuries happened “troubling.” The respondent asserts that the judge misconceived relevant case law and overlooked misconceived relevant evidence.
2017-123 Joel Trojan v. Denise Trojan (show cause)
Defendant appeals from a Family Court order on child support. Plaintiff was ordered to pay an amount of child support based on gross monthly income that did not include income and distributions from a Subchapter S corporation. Plaintiff was the sole shareholder of the corporation. Defendant argues the trial judge erred by not following the Family Court child-support formula and guidelines and misconceived evidence in making findings.
2017-113 In re Roman N.A. (full briefing)
The respondent appeals from a decree terminating her parental rights to her son. She asserts that the trial judge erred in terminating her parental rights because: (1) her son is an enrolled member of the Narragansett Indian Tribe and the notice requirement of the Indian Child Welfare Act (“ICWA”), 25 U.S.C. § 1912(a), was not met; (2) DCYF failed to make “active efforts” to provide remedial services and rehabilitative programs to respondent, as required by the ICWA; and (3) respondent’s parental unfitness was not proven beyond a reasonable doubt and supported by “qualified expert” evidence, as required by the ICWA.
2017-192 John Tworog v. Dolores Tworog (show cause)
2017-318
These are plaintiff’s appeals in the continuing proceedings filed in the divorce from his former spouse. In one case, he appeals from five orders of the Family Court. These orders included, inter alia, the denial of plaintiff’s counterclaim, the denial of his request for documents, the denial of his motion for new trial, the denial of his Rule 60 motion, and the appointment of a commissioner to sell plaintiff’s interest in property in Coventry, Rhode Island. In the other case, he appeals both an order denying his motion to dismiss the first appeal and also the issuance of an execution against his interest in the Coventry property.
2017-218 Tammy Lombardi v. Christopher Lombardi (show cause)
The defendant appeals from a consent order that disposed of various motions by agreement of the parties, and agreed to the resolution of all child support issues by way of a separate order entered by the state, in this divorce proceeding. Defendant asserts that he consented to certain portions of the order, but did not consent to the provision regarding the disposition of child support matters. However, review of orders modifying child support generally is by petition for writ of certiorari, not appeal.
2017-252 Judith Bowman v. Julian Forgue (show cause)
Plaintiff appeals from an amended decision pending entry of final judgment and a final judgment of divorce. On appeal, plaintiff asserts numerous claims of error, mostly centering on the equitable distribution of the parties’ assets.
2017-157 Raymond Boschetto v. Cindy Boschetto (show cause)
The plaintiff appeals from a Family Court order dismissing his appeal from an amended decision pending entry of final judgment in the parties’ divorce case. The appeal was dismissed for failure to fully comply with Rule 10(b)(1) of the Supreme Court Rules of Appellate Procedure.
