QUESTION
Do I have to allow overnight visits if the biological father of my child does not have a job or a stable place?
Asked on Feb 10th, 2014 on Child Custody - Arizona
More details to this question:
I have been separated from my child's father for over 3 years now. I have filed for child support but still nothing is done. The father has no proof of residency, has no current job, or a dependable way of transportation as well as telephone. He wants to see our child. We were never married. His name is not on the birth certificate either. I don't want to keep our child away but I also want what is best for our child. We did supervised visitations on and off for a year on my terms. Things were looking up and I let the father keep him overnight once a month for about 3 months. Now he doesn't have job again and no stable place but still wants overnight visits. What do I do?
6 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Hire a lawyer and get orders.
Answered on Feb 18th, 2014 at 4:15 PM
What is the current custody/visitation order? Until you change it, that's what you're obligated to allow. If you think the circumstances have change enough to justify a change, you need to request that. In the meantime, you're obligated to comply with the current court order. So, if the order says over night visits, that's what you're bound to do. If it doesn't order those visits, then you're not obligated.
Answered on Feb 14th, 2014 at 3:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You go to court and get a custody order defining when he may have overnights. At a minimum, he must have a place to stay. The language will have to be worked out, so I suggest you talk with an attorney to get this done properly.
Answered on Feb 14th, 2014 at 11:53 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If there is no court order adjudicating him dad and giving him placement, you have the sole discretion. If there is an order and you disregard it and he files a motion, you will have to defend your actions to the court.
Answered on Feb 14th, 2014 at 11:53 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If you have not done so already, I would file a formal petition to establish decision-making and parenting time. With that, you can work out a schedule that you both either agree to or address the concerns you have about the father and overnight visits.
Answered on Feb 14th, 2014 at 11:53 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What you should have done when the child was born. File a parentage action. This will get the father on the birth certificate, provide for a parenting plan in the child's best interest (which includes no overnights unless he has a stable place for the child to stay, and child support. Private agreements about children are not legal and obviously, from your experience, not stable or reasonable.
Answered on Feb 14th, 2014 at 11:53 AM