QUESTION
What are the chances of my ex boyfriend and biological father of my child getting any visitation rights?
Asked on Apr 29th, 2015 on Child Custody - Missouri
More details to this question:
The father of my child and I split up about a month and a half ago. He is a functioning alcoholic, can't pay his bills on time, and had been very disrespectful to me since we've split up. He has a new girlfriend he already lives with who does drugs, and allowed her friends to bash me on social media and threaten me and my child and he put no stop to it. He hasn't cared about the baby since we broke up until I told him I didn't want him to have anything to do with her because he isn't ready to be a father. Then all of a sudden him and is girlfriend start talking about taking me to court to get custody or visitation rights. I can't allow my child to be around those influences and I need to know the chances of them getting any custody or visitation rights so I can start legally preparing now.
1 ANSWER
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You need to have paternity established either through the court system (with a lawyer) or through the Division of Child Support Enforcement, because you need father to be ordered to pay child support. The father needs to have paternity established in order to get a Judgment for parenting time that is enforceable. If he takes you to court seeking rights to custody and/or visitation, the Court is going to assume both parents are fit and proper custodians and that you will act like adults and co-parent in the best interest of your child. This will normally result in an order of joint legal custody and joint physical custody, with a parenting schedule that fits the circumstances.
The burden will be on you to present evidence that your child would be harmed or endangered either physically or emotionally by spending time with his father. If the evidence is sufficient and persuasive, you might expect an Order requiring father to take parenting classes, supervising father's visitation, or graduating a schedule of parenting time with father. If it comes to this, you will need an experienced family lawyer to prepare and present this case for you. Good luck.
Answered on May 07th, 2015 at 5:52 PM