Can child visitation be at its minimum at first then increase afterwards?

Question

I got pregnant by a man I was seeing for a short time that lied and currently married. My baby is 7 months old and he has nothing to do with her. We just went to court for child support. When he found out what he has to pay, he freaked out. Now he wants her for visits. I do have hard feelings towards him but I pushed them aside because he is still her father. If he wants to finally take that responsibility, that would be great! I do not want him taking her when he is a stranger to her. I want him to spend time with her at my residence then slowly increase it. Is that asking too much? He thinks so and that is why he is now taking me to court. Will the judge see my view?

Leonard A. Kaanta · Answer

Yes.

Glenn Tanner · Answer

Yes.

Gregory Crain · Answer

Yes.

Dennis P. Mikko · Answer

What you are asking for sounds completely reasonable.  

In a situation like yours, it is not uncommon for initial visits to be supervised.  After a period of supervised visits, they would increase to short unsupervised visits. 

If all goes well, the time your daughter spends with her father could be gradually increased.  As stated, this is a common practice and seems to be in the best interest of the child.  

It would not be reasonable to send a small child with a person she does not know for a long period of time.

Annette Sandoval · Answer

There are model parenting time guidelines that you can reference and encourage the Court to follow.  The guidelines are not strict rules and the judges do not have to abide by them, but you can definitely make the argument that your baby has not bonded with her Father because he chose early on not to be involved.  You can ask the court to order a gradual parenting plan.  With infants, visits should occur more frequently and at shorter durations, until the baby is bonded and increased time is appropriate.

Dean Esposito · Answer

Based on the age of the child and his limited contact, the court would probably award him visitation on a graduated schedule, starting with a fews hours and  then after a couple months increasing to overnight if he proves he can handle such.

Steven Alpers · Answer

Normally, a court would order limited custody at first where the child does not know the father.

Cathy Cook · Answer

Your view is correct.  The Court will require him to slowly integrate into the child's life, if you explain the history of him and the child, particularly considering how young the child is.

Kenneth Friedman · Answer

You need a good lawyer who is familiar with litigating parenting time in   cases involving young infants.  It is not unreasonable for you to want  him  to build the relationship with the baby before taking her away, or to start   slowly and build up to longer separations, but you may not be able to get  the  court to order supervised visitation.  It is important that you get a  good  lawyer ASAP.

William Spern · Answer

Yes. Ask for supervised visits at onset. Explain reasons to court.

Eric Smith · Answer

With a very young child like you describe the court should consider very slowly ramped up visitation - starting with no overnights.

John Rivers · Answer

You need to be sure to employ an attorney to represent you. It many cases it is not unusual to gradually increase the frequency and length of visitation based upon the age of the child and other circumstances.

Melvin Franke · Answer

Probably to some small extent on a 7 month old child as compared to a 7 year old child.

Elizabeth Zwiebel · Answer

There are standard visitation schedules that increase over time as the child grows in age.   After age 3 the father's visitation is graduate to weekend visits.

Lynda Leblanc · Answer

This link is the the IN Parenting Time Guidelines.  I think they will answer a lot of your questions. http://www.in.gov/judiciary/rules/parenting/  You should contact a local attorney to discuss how your particular judge views these issues, though, as each judge has his/her own tendencies.

Timothy Byrne · Answer

Graduated visitation due to child's age an be accomadated by the parties or ordered by the Court.

Theodora B. Fader · Answer

Yes, given the baby's age and dad's lack of contact, it is likely that the court would find that it is in the child's best interest to limit dad's parenting time at first and gradually increase it.  That being said, you will need to as for limited and gradually increasing parenting time and should be prepared with a proposed schedule.  Also, it would be very helful if you have competent legal representation.

John Brennan · Answer

Get an attorney, you have a case but he will, most probably, be awarded some parenting time.

Mark Brown · Answer

The graduated increase in residential time that you suggest is the same approach that the court will take.  Be thoughtful and specific in any visitation proposal that you make to the court.

Barbara A. Fontaine · Answer

Visitation with a yound child is often minimum at first and then increased.  I would expect a judge to agree with you. Your plan sounds fine.

Michael Yeksavich · Answer

Yes and ask the Court to make such an order.

Tres Porter · Answer

It is possible that that the Court would take your view into consideration and order what is known as a graduated parenting plan where a schedule is set gradually increasing the amount of time he spends with the child. Whether or not the Court agrees that the visits must initially take place at your residence is a bit more unlikely, particularly if he is married and he or the spouse has objections to spending time at your home in order to see the child.

Karen Davidson · Answer

Ask the court for supervised visitation initially and state your reasons...child is a baby and he has never spent time with her, not sure he knows how to care for her, etc.  I need to know she is safe with him before he spends time with her.

Lenore Tsakanikas · Answer

You are not asking too much. The child needs to develop a bond with the Father before the Father has significant parenting time. That said, you should retain an attorney. It is difficult to represent yourself in court, particularly if he has an attorney. You should also look at model parenting plans.

Suzanne H. Lombardi · Answer

In Alaska the presumption - or where the court starts is at 50/50 visitation.  If you can show that this is not in the best interests of your child then you may be able to get the visitation to increase gradually.  The criteria for best interests of the child are found in the state statutes.  An attorney can help you in a custody battle so that the court will hear your arguments as to why visitation should be gradual.

Joanna Mitchell · Answer

If the child does not know the father, then yes, graduated timesharing can occur. However, it may be that you are asking for it to be TOO graduated. Typically, it would be a couple hours, perhaps in a park with you there, for the first couple times (maybe a Saturday and Sunday). Then he would take her by himself for a few hours the next week. Then a full day or two the following week, and then overnights. Presuming he is fit and capable to care for her and has the proper facilities. You really should consult with and retain an attorney to assist you in the matter, as the outcome of his court action will affect you and your child for the rest of your lives.

Steven D. Dunnings · Answer

Possibly, it is not an unreasonable request under the circumstances but you should hire an attorney.

Daniel J. Pingelton · Answer

In cases like this, it is not unusual for a court to order "phased in visitation" to allow a parent and child to become familiar with each other. I think your request is reasonable.

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Can child visitation be at its minimum at first then increase afterwards?

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