Jeffrey Murray v. Christine Jones

Summary

The Rhode Island Supreme Court affirmed the Family Court’s denial of Jeffrey Murray’s motion to modify visitation and require telephone or written contact with his children while he was incarcerated. The Court held that Murray had not shown that the requested contact was in the children’s best interests and deferred to the trial justice’s credibility findings and consideration of the children’s stated preferences.

Holdings

1. Murray waived the issue of visitation at the Adult Correctional Institutions by conceding that such visitation would hurt the children.
2. The Family Court did not abuse its discretion in denying Murray's request for telephone calls and letters because Murray failed to present evidence that the requested contact was in the children's best interests, and the trial justice's findings were neither clearly wrong nor based on overlooked or misconceived evidence.
3. The Family Court was not required to take evidence from a child psychologist before denying visitation or other contact.

Questions Presented

1. Whether the Family Court abused its discretion by denying Murray's request to restore visitation and require contact with his children while he was incarcerated.
2. Whether the Family Court improperly credited Jones's testimony concerning the children's preference for no contact.
3. Whether the Family Court was required to obtain testimony from a child psychologist or otherwise interview the children before denying the requested contact.

Disposition

affirmed