Of course he has the right to see his child, but that does not mean he can come to your home whenever he wants. Have you offered him set times and days for visitation with the child? If he will not agree to a schedule or use the common courtesy of discussing it with you before he just stops by, then I think you are within your rights to call the police. However, before they will do anything, you will probably need to put him on notice that he is not welcome and that if he shows up unannounced you will consider him to be trespassing. But you do not want it to appear that you are denying him access to his child, so again you want to offer him a set visitation schedule at the same time. I would put this all in writing and set forth the times that he is welcome to come or ask him to propose alternative times. If he comes outside of those times then he is trespassing.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.