Supreme Court

Family Case Summaries 2018

2018-173 In re Rylee A. (show cause)
2018-174

The respondents appeal from a decree terminating their parental rights. They contend that the admission of the medical report in the case was erroneous. They also contend that the state failed to present clear and convincing evidence of cruel and abusive conduct. They further argue that the state did not demonstrate that they were unfit as parents.

2018-32 Terry Ann Smith v. Andrew Smith (show cause)

The defendant appeals from a Family Court decision pending entry of final judgment in this divorce action. The defendant claims that the granting of plaintiff’s complaint and defendant’s counterclaim for divorce violated constitutional and statutory provisions. He also argues that the trial judge erred in the distribution of marital assets.

2018-217 Raymond Boschetto v. Cindy Boschetto (show cause)

The plaintiff appeals from a Family Court amended decision pending entry of final judgment of divorce. Plaintiff claims the trial judge erred in the distribution of marital assets and liabilities, in the calculation of child support, and in prohibiting plaintiff from questioning the defendant regarding her conduct during the marriage.

2018-150 Ana Tsonos v. Nicholas Tsonos (show cause)

The defendant appeals from a Family Court order requiring him to undergo a psychological evaluation and take part in a parent-child evaluation. The defendant argues that the Family Court judge abused his discretion in ordering him to undergo a psychological evaluation. The defendant argues that his actions did not negatively impact his children’s interests.

2018-304 Ana Tsonos v. Nicholas Tsonos (show cause)

The defendant appeals from a Family Court order granting the plaintiff’s motion to relocate to Florida. The defendant argues that the evidence before the Family Court judge did not support the decision. He argues that the plaintiff’s financial circumstances would not improve by relocating and that he would not be able to have a meaningful relationship with his children if the move is permitted.

2018-314 Sheila Bentley v. Keven McKenna (show cause)
2019-20

The defendant appeals pro se from a Family Court order denying his motion for a jury trial in his divorce action. The defendant contends that he is guaranteed a right to jury trial in this matter under the Rhode Island constitution. He contends that this right cannot be abrogated by court rule.

2018-171 Adam Saltzman v. Erin Saltzman (show cause)

Defendant, from a decision pending entry of final judgment in this divorce case. She asserts that the trial judge erred: (1) in denying her request to relocate with the couple’s two children outside of the state of Rhode Island; (2) in awarding her temporary use of the marital home for 30 months, after which the home would be sold; (3) in the award of child support; (4) in the award of attorney’s fees and costs; (5) in the equitable distribution of marital property; and (6) in setting the children’s visitation schedule.

2018-187 In re Indiana M. (full briefing)

The mother appeals from an order denying her motion to vacate the guardianship of her daughter, Indiana, who was placed with her paternal aunt and uncle. She contends this Court should summarily vacate the guardianship order because her fundamental due process rights were violated when the guardianship was granted without her consent and without her being subject to the jurisdiction of the court. She also asserts that this Court should vacate the guardianship order because it violates § 40-11-12.

2018-24 In re Violet G. (show cause)

The respondent appeals from a decree terminating her parental rights. She contends that the trial judge erred in finding that she was unfit, that DCYF made reasonable efforts to provide services to address the circumstances that led to placement, and that termination of her parental rights was in the child’s best interest.

2018-53 Diane Giarrusso v. Paul Giarrusso (show cause)

The plaintiff appeals from a Family Court order granting the motion for post-final judgment relief of defendant and denying plaintiff’s motion for relief, in this dispute over visits with the parties’ dogs, pursuant to a marital settlement agreement.

2017-428 In re Joziah B. (show cause)

Respondent mother appeals from the termination of her parental rights to her son, Joziah, arguing that she never received notice of the hearing on the state’s petition to terminate her rights. Also at issue is whether the evidence met the “clear and convincing evidence” standard required to prove either abandonment or that DCYF made reasonable efforts to provide services to ameliorate the reasons for the child’s placement with DCYF.

2018-32 Terry Ann Smith v. Andrew Smith (show cause)
2018-248