QUESTION
What should I do if my husband wants our son to spend weekends with him but I don't want to?
Asked on May 10th, 2013 on Divorce - Michigan
More details to this question:
My husband and I are currently separated and he wants our 8 month old son to spend the weekend with him but his ex girlfriend is now living in the home and I don’t want my son around her. They have a child protective services case for drugs and they are probably going to drug test them.
6 ANSWERS
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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Most Family Court judges will respect a request from one party that the other party be prevented from exposing the children to paramours.
Answered on May 13th, 2013 at 2:18 PM
In Utah, parent time rights increase as a child goes from being born until 5 years of age. There is no automatic weekend parent time for a child who is only 8 months old. The fact that he is living with another woman and may have drug problems would be grounds t request additional restrictions on his contact with his son. You need to obtain an order defining custody and parent time from the court in order to enforce parent time restrictions.
Answered on May 13th, 2013 at 2:18 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you can prove it is not in the best interest of the child to have contact with his father and girlfriend you can present it to the court. If court finds your evidence credible father will probably be allowed supervised visits.
Answered on May 13th, 2013 at 2:18 PM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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If there is credible evidence of recent drug activity by the father and/or his girlfriend and CPS involvement, I think you have a very good case for requiring that any parenting time be supervised. If you don't yet have a court case commenced, begin one as soon as possible. Depending upon which of them has the ongoing issues, you may also be able to exclude the girlfriend from these visits. With supervised visits, most family courts have a relationship with an agency that provides supervision (usually at their facility and at the expense of your soon-to-be ex). If at all possible, confer with a qualified family law attorney to help keep your son safe.
Answered on May 13th, 2013 at 2:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, a biological parent is allowed parenting time with their offspring, whether or not they are living with some other party. On the other hand, if there is active drug use in the home is possible that the Department of Social Services or court will prevent overnights. You should really see an attorney with the details.
Answered on May 13th, 2013 at 2:17 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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File a divorce case or formal separation agreement with the court and get a child custody order.
Answered on May 13th, 2013 at 2:16 PM