I have a child who will be 3 after christmas,so hes about 2.9 now. His father an I where never married, never lived together. The guy didnt not want my son, and continuously told me my other "options". He did come to see us in the hospital for 20 minutes and then not again til 6 weeks after and then about 6 times 2 by his mothers force came to see my son in a 4 month span. His entire family was welcome at my house and I never denied him access to the child in my house. I wouldnt allow him to take my son out of my house because he had never fed him (plus i was breast feeding), had never changed a diaper, bathed him, put him to sleep and so on, he was also living with his girlfriend who had miscarried do to drugs is this 4 month time span. He stopped calling, stopped visiting. My sons father decieded 2 months ago to call me and tell me he was taking me to court, he then followed with texts on fridays demanding to see my son on sundays and without me. Then after 3 weeks of his "effort" which consisted of 5 texts asked to take my child for an entire day to a fair with his wife...(meanwhile my son has no idea who these people are) for me that was a red flag. He also stated that he knew my son had a babysitter another red flg. it was suggested thata i file a report with the police department but not sure about that. MY sons father also lives at home with his parents, wife, son and brother. They all smoke and himself his wife and brother smoke cigerattes, marajuana and he takes pills and used to sell and do cocaine. I had planned a move to go stay with family before all of this had even happened, while i attended a nursing program out of state. Im interested in advice/information on a)his chances of getting visits b)the chance of supervised visits or allowing me to be there c) a drug test and d) if i will be forced to move back to MA even though i can clearly prove this was an improvement for my child and self, and his father has already shown abandonment.
Submitted by elizabeth33 on Tue, 11/01/2011 - 02:21
Child Visitations
In Order for the Father to attain custody he will have to file a Complaint for Paternity if he is not on the birth certificate or a Complaint for Custody/Visitation/Support if he is on the birth certificate.
Your question is missing some important facts. I suggest you contact an attorney to discuss your legal matter.
Wyckoff Nissenbaum
www.somervillelawoffice.com
Visitation for absent parent
I agree with attorney Nissenbaum. In cases where an absent parent suddenly seeks visitation, he has the right to ask the court, and you have the right to oppose the request and to bring any information to the court which could be relevant to the court's determination of whether visitation is in the best interest of the child. That question is at the center of all visitation and custody issues. Good luck.
Absent parent visiting
I feel that all parents that have been absent either the mother or father should always have the right to visitation, but only if the court sees fit. Meaning that the parent must prove they are a fit parent and no long doing whatever it was they did in the past and the past must be at least a year prior. The parent with the child also has the right to prove that the parent seeking visitation is not fit and is still doing wrong. After this it is up to the courts to decide if visitation is approved and if there are any stipulations to these visits if approved.